Checks and Balances in Wartime: American, British and Israeli Experiences

Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terroris...

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Bibliographic Details
Published in:Michigan law review 2004-08, Vol.102 (8), p.1906-1958
Main Author: Schulhofer, Stephen J.
Format: Article
Language:English
Subjects:
Checks and balances
Combatants
Court decisions
Criminal arrests
Emergencies
Evaluation
Executive branch
Executive power
Human rights
Interrogations
Judges
Judicial review
Judicial reviews
Law enforcement
Military operations
Police
Prevention
Preventive detention
Questioning
Rule of law
September 11 terrorist attacks-2001
Social aspects
Suicide bombings
Terrorism
War
War and emergency powers
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Summary:Three years after an attack that traumatized the nation and prompted massive military and law-enforcement counter-measures, we continue to wrestle with the central dilemma of the rule of law. Which is more to be feared - the danger of unchecked executive and military power, or the danger of terrorist attacks that only an unconstrained executive could prevent?
ISSN:0026-2234
1939-8557
DOI:10.2307/4141970