Democratic States’ Response to Terrorism: A Comparative Reflection on the Perceived Role of the Judiciary in the Protection of Human Rights and Civil Liberties
This chapter aims to discuss and evaluate domestic judges’ activity in matters related to forms of transnational crime, such as terrorism, to offer an innovative way to approach the debate on democratic state’s response to such transnational crimes. The approach adopted in this paper is based on interviews with senior Australian judges during the years 2005–2006, in the years of the so-called global fight against terrorism. The result of these interviews is put into a broader context; in particular with views expressed by judges based in other jurisdictions and involved in cases of terrorism. This approach seeks to explore how judges perceive their role in this context and in comparison to their counterparts abroad at the peak of the fight against global terrorism. Also, the chapter explores how judges are debating these issues in different geographical areas, and whether territoriality in criminal matters remains understood as a fixed legal and judicial environment. And if not, it is noteworthy to map out judicial collaborations and links within their jurisdiction and beyond, to trace down networks, and to observe the different forms of judicial dialogue. This paper aims to pin down how judges picture their role as domestic judge in the new world order.
KeywordsInternational Criminal Court Court Case World Order Legal Development Supreme Court
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