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THE TUG OF WAR: COMBATANT STATUS REVIEW TRIBUNALS AND THE STRUGGLE TO BALANCE NATIONAL SECURITY AND CONSTITUTIONAL VALUES DURING THE WAR ON TERROR

Doran G. Arik

Journal of Law and Policy, 2008-01, Vol.16, p.657-925

Journal of Law and Policy Journal of Law and PolicyJournal of Law & Policy (Brooklyn)

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  • Título:
    THE TUG OF WAR: COMBATANT STATUS REVIEW TRIBUNALS AND THE STRUGGLE TO BALANCE NATIONAL SECURITY AND CONSTITUTIONAL VALUES DURING THE WAR ON TERROR
  • Autor: Doran G. Arik
  • Assuntos: declaration ; governments ; heightened ; indifferent ; individual ; interpenetrate ; introduction ; leadership ; military & veterans law ; responsibility ; unfortunately ; unquestionably
  • É parte de: Journal of Law and Policy, 2008-01, Vol.16, p.657-925
  • Notas: There are, it is predicated, certain principles of right and justice which are entitled to prevail of their own intrinsic excellence, altogether regardless of the attitude of those who wield the physical resources of the community. Such principles ...
  • Descrição: There are, it is predicated, certain principles of right and justice which are entitled to prevail of their own intrinsic excellence, altogether regardless of the attitude of those who wield the physical resources of the community. Such principles were made by no human hands; indeed, if they did not antedate deity itself, they will so express its nature as to bind and control it. They are external to all Will as such and interpenetrate all Reason as such. They are eternal and immutable. In relation to such principles, human laws are, when entitled to obedience save as to matters indifferent, merely a record or transcript, and their enactment an act not of will or power but one of discovery and declaration. 1 Introduction The three branches of the American government have been wrangling over the rights of non-citizen detainees held at the U.S. naval base at Guantanamo Bay, Cuba 2 ever since the government began sending suspected terrorists there in 2002. 3 Times of war often give rise to internal struggles within government as the nation's leadership attempts to maintain a delicate balance between the equally important yet competing interests of defending national security and individual liberty. The terrorist attacks of September 11, 2001 unquestionably placed new and different pressures on the American government; an attack on American soil heightened the government's responsibility to preserve and protect the nation. National defense and individual liberty are not mutually exclusive interests, however, and unfortunately the American government has thus far been ...
  • Editor: Journal of Law and Policy Journal of Law and PolicyJournal of Law & Policy (Brooklyn)
  • Idioma: Inglês
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  • Realização: ABCD-USP USP   Logos de Redes Sociais: Freepik

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