Can courts be ‘trusted’ in national security crises?
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...Expand abstract
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- The Foundation for Law, Justice and Society Publisher's website
- Courts and the making of public policy
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- Policy brief.
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