Terror Detentions and the Rule of Law: US and UK Perspectives

Hardcover | December 12, 2013

byRobert H. Wagstaff

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After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highestcourts in the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined them within a human rights criminal law context. In Terror Detentions and the Rule of Law: US and UK Perspectives, Robert Wagstaff documents President George W. Bush's and Prime Minister Tony Blair's responses to 9/11, alleging that they failed to protect the human rights of individuals suspected of terrorist activity. The analytical focus is onthe four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison. These decisions are analyzed within the contexts of history, criminal law, constitutional law, human rights and international law, andvarious jurisprudential perspectives. Wagstaff argues that time-tested criminal law is the normatively correct and most effective means for dealing with suspected terrorists. He also suggests that preventive, indefinite detention of terrorist suspects upon suspicion of wrongdoing contravenes thedomestic and international Rule of Law, treaties and customary international law. As such, new legal paradigms for addressing terrorism are shown to be normatively invalid, illegal, unconstitutional, counter-productive, and in conflict with the Rule of Law.

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After the 9/11 terrorist attacks, the United States and the United Kingdom detained suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highestcourts in the US and UK. The US courts approached...

Robert H. Wagstaff practices litigation and constitutional law at his law office in Anchorage, Alaska. He successfully argued two cases before the US Supreme Court, presented over 70 appeals, and tried numerous civil and criminal cases. He recently spent ten years at Oxford University earning three post-graduate law degrees including ...
Format:HardcoverDimensions:400 pages, 9.25 × 6.12 × 0.98 inPublished:December 12, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199301557

ISBN - 13:9780199301553

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Table of Contents

AcknowledgmentsAbbreviationsPrefaceIntroduction1. The Precipitating Events2. A Short History of Panic Responses3. Detention and The Legal Status and Rights of Aliens4. Role of the Courts and the Popular Jurisprudence of Counter-Terrorism5. Rule of Law6. An Applicable International Rule of Law7. Guantanamo and Belmarsh8. The War Paradigm Versus the Criminal Law in the US and UK9. R v A: Marbury Judicial Review by Interpretation in the UK10. Judicial DeferenceConclusionAppendix A: 'Honor Bound to Defend Freedom'BibliographyTable of CasesTable of Statutes and International InstrumentsIndex