Find your perfect holiday reading
Terror Detentions and the Rule of Law: US and UK Perspectives - Terrorism and Global Justice Series (Hardback)
  • Terror Detentions and the Rule of Law: US and UK Perspectives - Terrorism and Global Justice Series (Hardback)
zoom

Terror Detentions and the Rule of Law: US and UK Perspectives - Terrorism and Global Justice Series (Hardback)

(author)
£88.00
Hardback 400 Pages / Published: 16/01/2014
  • We can order this

Usually dispatched within 3 weeks

  • This item has been added to your basket
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.

Publisher: Oxford University Press Inc
ISBN: 9780199301553
Number of pages: 400
Weight: 720 g
Dimensions: 241 x 163 x 36 mm


MEDIA REVIEWS

"The events of 9/11 have resulted in significant changes in the policies and laws of the United States and United Kingdom, raising serious issues for due process under national and international law. Terror Detentions and the Rule of Law offers a challenging account of the history and legality of new detention and interrogation policies, raising fundamental concerns about the Rule of International Law and the prospects for effective judicial review. In this new 'age of national security' when other values are said to be trumped, this important and timely book reminds us of the crucial role of our judiciary in safeguarding the principles and values that might save us from the greatest danger: that we shall allow ourselves to become like those with whom we are coping."
--Philippe Sands QC, Professor of Law, University College London


"Dr. Wagstaff writes with clarity, engaging the reader with his depth and breadth of knowledge, calling on history, the Magna Carta, precedent-setting US Supreme Court cases from the 1800s on including a 1900 Cuban fishing vessel 'prize' case, decisions of the UK high court, the European Court of Human Rights, and the Dixie Chicks alike to support his positions. University of London professor Philippe Sands, Queen's Counsel, says of the book that it 'reminds us of the crucial role of our judiciary in safeguarding the principles and values that might save us from the greatest danger... '" Teri White Carns, Alaska Bar Association


You may also be interested in...

Doing Justice
Added to basket
£20.00
Hardback
The Secret Barrister
Added to basket
Life in the UK Test: Study Guide 2019
Added to basket
Court Number One
Added to basket
£25.00   £21.99
Hardback
Life in the UK Test: Study Guide & CD ROM 2019
Added to basket
The Greatest
Added to basket
£10.99
Paperback
The Ten Types of Human
Added to basket
The Secret Barrister
Added to basket
£9.99   £7.99
Paperback
Democracy Hacked
Added to basket
£9.99
Paperback
In Your Defence
Added to basket
£8.99
Paperback
Life in the UK Test: Handbook 2019
Added to basket
On My Life
Added to basket
£7.99
Paperback
A Dictionary of Law
Added to basket
£12.99
Paperback

Please sign in to write a review

Your review has been submitted successfully.