The ‘War on Terror’ in Court: A Comparative Analysis of Judicial Empowerment

Richard J. Maiman

Chapter 13 in The Legacy of the Crash, 2011, pp 242-261 from Palgrave Macmillan

Abstract: Abstract The global phenomenon of ‘judicial empowerment’ (Hirschl, 2004) has been the subject of increasing scholarly attention over the last decade (Woods and Hilbink, 2009). The UK is one of the many nations whose courts have recently undergone significant expansions of their legal powers. Although judges in the UK still lack the ultimate authority exercised by their counterparts in the US and elsewhere – to declare laws and executive acts unconstitutional – there is no mistaking their increasing prominence in debates on major issues of public policy. But prominence is not necessarily the same thing as power. In practice, judicial authority does not always live up to the expectations that accompany its creation. Some newly empowered judiciaries have exercised their authority quite aggressively, while others have used their tools only sparingly, if at all. Still others have met with such political resistance that their efforts have amounted to very little (Ginsburg and Moustafa, 2008).

Keywords: Judicial Review; Federal Court; Bush Administration; Control Order; Judicial Authority (search for similar items in EconPapers)
Date: 2011
References: Add references at CitEc
Citations:

There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:pal:palchp:978-0-230-34349-8_13

Ordering information: This item can be ordered from
http://www.palgrave.com/9780230343498

DOI: 10.1057/9780230343498_13

Access Statistics for this chapter

More chapters in Palgrave Macmillan Books from Palgrave Macmillan
Bibliographic data for series maintained by Sonal Shukla () and Springer Nature Abstracting and Indexing ().