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Leah West and Craig Forcese

This chapter discusses the judicial supervision of counter-terrorism laws. Judicial supervision is informed by international law, especially those provisions of international human rights law guaranteeing fair trials, governing the legality of detention, and providing for effective remedies for rights violations. More generally, however, how states organize the functions of judges and courts involved in anti-terrorism measures is a matter of national choice and not international law. This chapter samples the developed Anglo democracies that make up the ‘Five Eyes’ (United States, United Kingdom, Canada, New Zealand, Australia) to identify common features of judicial supervision of anti-terrorism laws and practices, and includes a briefer synopsis of some civil jurisdictions in Europe.