Trusting the courts in times of internal strife

Report

Situations of emergency and crisis pose significant challenges to all branches of government, none more so than the courts. Courts in democratic states face unique tribulations, though there is increasing recognition that even in authoritarian contexts courts can continue to play an important part in challenging and channelling a state’s recourse to crisis powers.

This analysis will focus primarily on the courts’ role in democratic states, with emphasis on the role of courts during violent internal crises.

Authors: Ní Aoláin, F

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Foundation for Law, Justice and Society
• Series: Courts and the making of public policy
• Place of publication: http://www.fljs.org/content/courts-and-making-public-policy-publications-0
• Publication date: 2009-01-01
• Edition: Publisher's version
• Language: English
• Keywords: Political questions and judicial power; War and emergency legislation; Crises; Social conflict; Emergencies
• Subjects: Intergroup conflict; Democratic government; Human rights; Socio-legal studies; Constitutional & administrative law; Public policy