Torturing the Rule of Law: USA and the Post 9-11 Legal World

St. John's Journal of Legal Commentary, Vol. 21, No. 3, 2007

36 Pages Posted: 24 Dec 2007

Abstract

The reaction of the USA after the September 11, 2001 attacks, including its invasion of Afghanistan and subsequent unilateral military campaign in Iraq, and various executive and legislative actions has been not merely a quiet abandonment of the Rule of Law, but through its so-called -War on Terror-, a concerted attack on the Rule of Law. In this paper we shall examine that attack on those principles, through an examination of cases, executive actions, legislations, and international law. While the authors recognize the mythical nature of the Rule of Law, they maintain that it is a useful myth in that it helps actors predict with reasonable certainty, the actions what will be accepted internationally (as between nations), help make good policy decisions and anticipate the actions of others. Furthermore, it operates as an ideal to aim for and a standard against which states' actions can be judged.

Suggested Citation

Maogoto, Jackson Nyamuya and Sheehy, Benedict, Torturing the Rule of Law: USA and the Post 9-11 Legal World. St. John's Journal of Legal Commentary, Vol. 21, No. 3, 2007, Available at SSRN: https://ssrn.com/abstract=1043841

Jackson Nyamuya Maogoto (Contact Author)

University of Manchester ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

Benedict Sheehy

University of Canberra ( email )

Canberra, Australian Capital Territory 2601
Australia

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