Detainee rights : "the" judicial vs. congressional check on the president in wartime

english

2019

volume 12, issue 2

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

This paper empirically examines the role of the separation of powers in safeguarding detainees' rights within U.S. detainee policies and practices. In the wake of the September 11, 2001, terrorist attacks on the United States, the U.S. government detained terrorism suspects indefinitely and without charge, denied them a right to challenge their detention and subjected them to enhanced interrogation methods. Relying on the empirical analysis of jurisprudence and legislation passed during the Bush and Obama presidencies, the paper argues that judicial and legislative checks on the Executive played both positive and negative roles in the U.S government's protection of Guantánamo detainees' rights within the U.S. detainee policies and practices, with the Supreme Court exhibiting predominantly a positive role and Congress predominantly a negative role

20.12.2023