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Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Some argue that the judiciary is ill-equipped to examine such measures, for instance because they lack the expertise of the institutions which bring them about under exigent conditions. Others claim that subjecting counter-terrorism measures to judicial review is crucial for maintaining a jurisdiction's principles of constitutionalism. This volume brings together voices from all sides of the debate from a broad range of jurisdictions, from North America, Europe and Australasia. It does not attempt to 'resolve' the argument but rather to explore it in all its dimensions. The debates are essentially concerned with fundamental questions of organising and making accountable the exercise of power in a particularly challenging environment. The book is necessary reading for all those concerned with counter-terrorism, but also with broader public law, constitutional law and administrative law principles.
Is judicial review an effective and appropriate way to regulate counter-terrorism measures? Some argue that the judiciary is ill-equipped to examine such measures, for instance because they lack the expertise of the institutions which bring them about under exigent conditions. Others claim that subjecting counter-terrorism measures to judicial review is crucial for maintaining a jurisdiction's principles of constitutionalism. This volume brings together voices from all sides of the debate from a broad range of jurisdictions, from North America, Europe and Australasia. It does not attempt to 'resolve' the argument but rather to explore it in all its dimensions. The debates are essentially concerned with fundamental questions of organising and making accountable the exercise of power in a particularly challenging environment. The book is necessary reading for all those concerned with counter-terrorism, but also with broader public law, constitutional law and administrative law principles.
The Special Criminal Court consists of three judges sitting without a jury and hears cases when the ordinary courts are 'inadequate'. Generally this has involved terrorist offences, but recently it has been used against organized crime gangs - most notably those cases arising from the murder of Veronica Guerin. The author draws heavily on government archives and examines the justifiability of interfering with the right to trial by jury. Controversially, the author contends that the importance of the right to trial by jury has been grossly overstated and argues that the key issue is not the presence or otherwise of a jury but rather the ability of any given trial process to deliver a fair trial. This book is the first comprehensive review of the history and development of the Special Criminal Court since Professor and former President Robinson's 1974 monograph.
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