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

    Terror Detentions and the Rule of Law by Wagstaff, Robert H.;

    US and UK Perspectives

    Series: Terrorism and Global Justice Series;

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    Product details:

    • Publisher OUP USA
    • Date of Publication 16 January 2014

    • ISBN 9780199301553
    • Binding Hardback
    • No. of pages400 pages
    • Size 157x236x33 mm
    • Weight 658 g
    • Language English
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    Short description:

    In this book Dr. Robert H. 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 on the four US Supreme Court decisions involving detentions in Guantanamo Bay and four House of Lords decisions involving detentions that began in the Belmarsh Prison.

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    Long description:

    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 highest courts 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, Dr. Robert H. 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 on the 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, and various jurisprudential perspectives. In this book Dr. 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 the domestic 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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    Table of Contents:

    Acknowledgments
    Abbreviations
    Preface
    Introduction
    1 The Precipitating Events
    2 A Short History of Panic Responses
    3 Detention and The Legal Status & Rights Of Aliens
    4 Role of the Courts & the Popular Jurisprudence of Counter-Terrorism
    5 Rule of Law
    6 An Applicable International Rule of Law
    7 Guantanamo & Belmarsh
    8 The War Paradigm Versus the Criminal Law in the US and UK
    9 R v A: Marbury Judicial Review by Interpretation in the UK
    10 Judicial Deference
    Conclusion
    Appendix A: 'Honor Bound to Defend Freedom'
    Bibliography
    Table of Cases
    Table of Statutes and International Instruments
    Index

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