The Jury as a Political Institution in an Age of Counterterrorism

Politics, Vol. 33, No. 1, 2013

Posted: 9 Jul 2012 Last revised: 6 Nov 2012

See all articles by Fergal F. Davis

Fergal F. Davis

University of New South Wales - ARC Laureate Fellowship: Anti-terror laws & the democratic challenge

Date Written: July 9, 2012

Abstract

Trial by jury is under threat. This is particularly true in the context of terrorism. This article will explore the benefits of trial by jury to civil society. It will then consider whether those benefits should give rise to a presumption in favour of jury trial in the terrorism context. Historically, the right to trial by jury has been interfered with on the basis that the threat of terrorism justified an exceptional response. This article will argue that the state of exception arising from states' responses to terrorism in fact demands the retention of trial by jury.

Keywords: trial by jury, terrorism, law, politics

JEL Classification: K00, K14

Suggested Citation

Davis, Fergal F., The Jury as a Political Institution in an Age of Counterterrorism (July 9, 2012). Politics, Vol. 33, No. 1, 2013, Available at SSRN: https://ssrn.com/abstract=2102442

Fergal F. Davis (Contact Author)

University of New South Wales - ARC Laureate Fellowship: Anti-terror laws & the democratic challenge ( email )

Kensington, New South Wales 2052
Australia

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