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Index
Half-title
Title
Copyright
Dedication
Contents
Contributors
Courts and terrorism
Introduction
1 Detentions and Security versus Liberty in Times of National Emergency
In historical and political perspective
The rights of citizens and foreign nationals
Post–9/11 detentions, the court, and the “war on terrorism”
Conclusion
2 One More Casualty of the “War on Terror”
International treaties in domestic law
HAMDAN and international law
MEDELLIN and the geneva convention
International law's future in the united states
3 State Secrets and Democratic Values
The REYNOLDS case
National security foia cases
The official secrets act
Congressional reconsiderations
Conclusions
4 What Lessons Can Be Drawn from a Sui Generis Case? The Global “War on Terror” and Northern Ireland
Conclusion
5 The British Experience with Terrorism: From the IRA to Al Qaeda
Terrorism in northern ireland
The “war on terror”
Conclusion
6 Detention and Treatment of Suspected Terrorists under the European Convention on Human Rights
Pre–9/11 cases
Lawless v. Ireland (1961)
The “Greek Case” (1969)
Troubles in northern ireland (1978 to 1995)
Other cases before 9/11
A Terrorist Attack for “Corsican Liberation”
Turkey and the Workers’ Party of Kurdistan (PKK)
Key post–9/11 cases
Öcalan v. Turkey (2003–05)
A, and others and X, and others v. United Kingdom (2004)
Recent decisions of the european court of human rights
The Russian Federation and Chechen Rebels
Conclusions
7 Australia’s Commonwealth Model and Terrorism
Parliament enacts new antiterrorism laws
2002 laws
2004 laws
2005 laws
Complementary state and territory legislation on terrorism
Courts and the new security measures
Federal Court Decisions in Terrorism Cases
State Court Decisions in Terrorism Cases
Responses to terrorism and the bill of rights debate
Conclusions
8 Judicial Rejection as Substantial Relief: The Israeli Supreme Court and the “War on Terror”
Theoretical and legal considerations of the “war on terror”
National security and the high court of justice in israel
Methodology and database
Analysis of findings
Dispositions of Decisions Dealing with Terror and Human Rights
The court's power to intervene in the “war on terror”
Conclusion
9 Preserving Rights and Protecting the Public: The Italian Experience
The italian judicial system: its traditional setting
The rise of terrorism in the 1970s
The judiciary takes the lead in the fight
A transformed judiciary
The rise of international terrorism after 9/11
Conclusions
10 Squaring the Circle? Fighting Terror while Consolidating Democracy in Spain
Between terrorism and the protection of constitutional rights: a foundational tension
Terrorism and political action
11 From Exception to Normalcy: Law, the Judiciary, Civil Rights, and Terrorism in Colombia, 1984–2004
Background: history, legislation, and early judicial review rulings
Special legislation: the turning of exceptional into normal
Supreme court judicial review, 1984–1991: two steps forward, one step back
Judicial responses to terrorism: 1984 through the 1990s
“Specialized,” public order, and regional jurisdictions: democratic responses to terrorism?
Constitutional court: due process and fundamental rights
Conclusion
Conclusion: Lessons Learned
Cases Cited
Australia
Colombia
European court of human rights
International court of justice cases
Israel
United kingdom
United states
Statutes Cited
References
Index
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