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‘A Justifiable Self-Preference’? Judicial Deference in Post-9/11 Control Order and Enemy Combatant Detention Jurisprudence

Nino Guruli

Keywords: Judicial review; deference; national security; Human Rights Act; Bill of Rights; due process

This paper is an examination of the level of judicial deference, or scrutiny, of executive decision making in the war on terror in the United States and the United Kingdom. What kind of judicial process is available before those the executive deems a threat, are deprived of their civil rights? And how is the threat they pose determined within each jurisdiction?

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