Research Handbook on International Law and Terrorism
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Research Handbook on International Law and Terrorism

Edited by Ben Saul

This newly revised and updated second edition provides a comprehensive overview of international counter-terrorism law and practice. Brand new and revised chapters provide critical commentary on the law from leading scholars and practitioners in the field, including new topics for this edition such as foreign terrorist fighters, the nexus between organized crime and terrorism, and the prevention of violent extremism.
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Chapter 32: Judicial supervision of anti-terrorism laws in comparative democracies

Leah West and Craig Forcese

Abstract

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.

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