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Courts and conditions of uncertainty in "times of crisis"

Poole, Thomas (2008) Courts and conditions of uncertainty in "times of crisis". Public Law (Summer). pp. 234-259. ISSN 0033-3565

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Abstract

Discusses, with reference to leading case law, the role of the courts in the climate of international terrorism. Address the approach taken in balancing the duty to protect civil liberties and human rights against the need to recognise the legitimacy of the Executive in matters of national security. Looks at the standard of deference required and the reassertion of public law principals. Examines the judiciary's approach to "conditions of uncertainty", namely as regards issues of risk and secrecy. Focuses on the courts' responses these conditions including embracing risk-based arguments, sidestepping such arguments, circumventing such arguments, or challenging such arguments.

Item Type: Article
Official URL: http://www.sweetandmaxwell.co.uk/Catalogue/Product...
Additional Information: © 2008 Sweet & Maxwell and its Contributors
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 23 Jun 2009 14:04
URL: http://eprints.lse.ac.uk/24289/

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