Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-22dnz Total loading time: 0 Render date: 2024-04-25T14:29:49.324Z Has data issue: false hasContentIssue false

4 - Legislating for counter-terrorist detention

Published online by Cambridge University Press:  05 August 2011

Fiona de Londras
Affiliation:
University College Dublin
Get access

Summary

We have already seen how the executives in both the US and the UK committed themselves quickly to the detention of suspected terrorists with limited or no review. In both of these cases, the policies pursued by the executive were, in many respects, incompatible with clearly applicable and well-established principles of international human rights law. This was so even though international human rights law itself contains a model of accommodation that allows for extensive (perhaps even too much) flexibility by states, together with derogations. However, there was only so far that the executives could go without legislative support; in both countries the legislature would have to involve itself to some extent at some point. At that stage, one might think, overly repressive executive urges could be tempered, review of detention strengthened, and the ‘balance’ between rights and security struck. While there are scholars who maintain not only that legislatures are capable of carrying out this kind of dampening function in a time of crisis – and even that courts should leave difficult questions of this kind to the political sphere – the reality is that legislative reactions in the US and the UK have largely been facilitative. Rather than brake executive urges they have lubricated the wheels to allow for their realisation.

Type
Chapter
Information
Detention in the 'War on Terror'
Can Human Rights Fight Back?
, pp. 116 - 165
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×