Courts and Terrorism: Nine Nations Balance Rights and Security

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Overview

Since ancient times, terror tactics have been used to achieve political ends and likely will continue into the foreseeable future. Preserving national security and the safety of civilian populations while maintaining democratic principles and respecting human rights requires a delicate balancing act. In democracies, monitoring that balance typically falls to the courts. Courts and Terrorism examines how judiciaries in nine separate nations have responded, not just to the current wave of Al Qaeda threats, but also to nacro-trafficking, domestic terrorism, and organized crime syndicates. Terrorism is not a new phenomenon, and even though the reactions have varied significantly, common themes emerge. This volume discusses eleven case studies and analyzes the experiences of these various nations in their battles with terrorism to reveal the judicial quandary for democratic governance and the rule of law in the twenty-first century.

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Product Details

  • ISBN-13: 9781107001107
  • Publisher: Cambridge University Press
  • Publication date: 12/31/2010
  • Edition description: New Edition
  • Pages: 284
  • Product dimensions: 6.10 (w) x 9.00 (h) x 0.90 (d)

Meet the Author

Mary L. Volcansek is Professor of Political Science at Texas Christian University. She has written or co-authored five books and is editor or co-editor of five others. With John F. Stack, Jr, she edited Courts Crossing Borders: Blurring the Lines of Sovereignty (2005) and, with Donald W. Jackson and Michael C. Tolley, Globalizing Justice: Critical Perspectives on Transnational Law and the Cross-Border Migration of Legal Norms (2010). She has also published multiple articles and book chapters and is currently working on a new book, Judicial Politics: A Comparative Lens.

John F. Stack, Jr, is Professor of Politics and International Relations and Law, and Director of the School of International and Public Affairs, at Florida International University. He is the author, co-author, or editor of thirteen books, the most recent being Globalization (Second Edition, 2010, co-authored with Lui Hebron) and The New Deal in South Florida Design Policy and Community Building (with co-editor John A. Stuart), winner of the 2008 Silver Medal (Florida Nonfiction) in the Florida Book Awards.

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Table of Contents

Introduction Mary L. Volcansek; 1. Detention and security versus liberty in times of national emergency David M. O'Brien; 2. One more casualty of the 'war on terror' Aya Gruber; 3. State secrets and democratic values Louis Fisher; 4. What lessons can be drawn from a sui generis case? The global 'war on terror' and Northern Ireland Richard Finnegan; 5. The British experience with terrorism: from the IRA to Al Qaeda Mary L. Volcansek; 6. Detention and treatment of suspected terrorists under the European Convention on Human Rights Donald W. Jackson; 7. Australia's commonwealth model and terrorism Michael C. Tolley; 8. Judicial rejection as substantial relief: the Israeli supreme court and the 'war on terror' Menachem Hofnung and Karen Weinshall-Margel; 9. Preserving rights and protecting the public: the Italian experience Carlo Guarnieri; 10. 'Squaring the circle': fighting terror while consolidating democracy in Spain Blanca Rodriguez Ruiz; 11. Democracy and terrorism in Colombia Victor M. Uribe-UrĂ¡n and Harry Mora; Conclusion: lessons learned Mary L. Volcansek and John F. Stack, Jr.
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