The Judiciary as a Securitizing Actor?

8 Pages Posted: 29 May 2014 Last revised: 24 Jul 2014

Date Written: May 28, 2014

Abstract

This paper contends that the judiciary deserves the attention of securitization studies and, in particular, that attention should be paid to how securitization affects legal discourse. In what follows, this paper will explore the role the judiciary can play in securitization, specifically focusing on the potential of the judiciary to act as a securitizing actor. This paper shows that the judiciary is indeed capable of making the security move. Moreover, the securitization of an issue by the judiciary has the potential of changing legal discourse.

Keywords: judicial decision-making, securitization, Hamdi v. Rumsfeld, discourse

Suggested Citation

Henderson, Laura M., The Judiciary as a Securitizing Actor? (May 28, 2014). Available at SSRN: https://ssrn.com/abstract=2442830 or http://dx.doi.org/10.2139/ssrn.2442830

Laura M. Henderson (Contact Author)

Utrecht University - Faculty of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

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