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Terrorism, the Laws of War, and the Constitution: Debating the Enemy Combatant Cases


Terrorism, the Laws of War, and the Constitution: Debating the Enemy Combatant Cases

Paperback by Berkowitz, Peter

Terrorism, the Laws of War, and the Constitution: Debating the Enemy Combatant Cases

£14.95

ISBN:
9780817946227
Publication Date:
30 Jun 2005
Publisher:
Hoover Institution Press,U.S.
Pages:
196 pages
Format:
Paperback
For delivery:
Estimated despatch 10 - 12 May 2024
Terrorism, the Laws of War, and the Constitution: Debating the Enemy Combatant Cases

Description

The modern laws of war that emerged in the seventeenth and eighteenth centuries were developed with a particular concept of war in mind-one that does not apply to the conflict with our current adversaries. With the September 11 attacks the United States found itself engaged in a new kind of war, with new dilemmas that needed new rules. Terrorism, the Laws of War, and the Constitution examines three significant enemy combatant cases-Padilla, Hamdi, and Rasul-that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror.The volume's distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime, discuss critical separation of powers issues, and call upon the courts, the political branches, and the country to reexamine the complicated connections between the Constitution and international law. Spanning the spectrum of informed legal opinion, the essays gathered here show that debating the enemy combatant cases is indispensable to meeting the legal challenges to come in the long war that lies ahead. Although they may disagree as to the details, the contributors are in full agreement that fortifying the rule of law at home is both a demand of justice and a national security imperative. Contributors: Mark Tushnet, Patricia M. Wald, Seth P. Waxman, Ruth Wedgwood, Benjamin Wittes, John Yoo

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