Terror Detentions and the Rule of Law
Subtitle: US and UK Perspectives
Publisher: Oxford University Press, Incorporated; Oxford University Press; Oxford University Press, USA
Published: 2014
Language: eng
Number of pages: 400
ISBN-13: 9780199301553
Subjects: Rule of law; Terrorism, united states; Detention of persons; Law, united states; Law, great britain
Description: Wagstaff describes how 9/11 terrorist attacks provoked panicked responses from the United States and the United Kingdom resulting in detentions of 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 both the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined these questions within a human rights criminal law context.