Global War on Terror, Due Process of Law and Position of the US Federal Supreme Court (Global War on Terror, Due Process of Law et Office du Juge Constitutionnel Américain) (French)

Abstract

This Chapter aims at pointing out the differences between the US Supreme Court and other domestic and/or International Tribunals facing with the conciliation between Security and Liberty values. The comparison drawn with the House of Lords, the Israeli Supreme Court or the German Constitutional Tribunal leads to the conclusion of a kind of "modesty" of the US Supreme Court when security matters are at stake and this Article tries to offer a theory that would explain these differences.

Note: Downloadable document is in French.

Keywords: Terrorism, US exceptionalism, Federal Supreme Court, Check and balance theory, Judicial power, British House of Lords, Israeli Supreme Court, European Court of Human Rights, judicial guarantees, due process of law, habeas corpus

JEL Classification: K33