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Can courts be ‘trusted’ in national security crises?

Abstract:

A challenge for any democratic republic is to establish modes of governance that can effectively defeat or mitigate national security threats while also preserving freedoms and public accountability. To many, especially during national security crises, courts are expected to act as guardians of liberty and the boundaries of state power.

Historically, US courts have played an important but cautious role in checking aggressive executive actions, and the Supreme Court’s responses to en...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Publisher's version

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Institution:
Columbia University
Publisher:
The Foundation for Law, Justice and Society Publisher's website
Series:
Courts and the making of public policy
Publication date:
2009
URN:
uuid:94f42bf3-e933-4bbc-9e28-af38c6fc3b68
Local pid:
ora:7768

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