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ISBN: 9781552211946

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In The Balance

The Administration of Justice and National Security in Democracies

This volume resulted from the International Conference on the Administration of Justice and National Security in Democracies, held in Ottawa in June 2007 and organized jointly by the Courts Administration Service and the Canadian Centre of Intelligence and Security Studies at Carleton University. The Conference brought together members of the judiciary, government officials, and academics from democracies around the world to share their views on the continuing importance and ongoing challenges of the administration of justice and the rule of law in the context of modern threats to national security, in particular those posed by transnational Islamist terrorism.

Contributors

Christopher K Penny

Christopher Penny is Assistant Professor of International Law at the Norman Patterson School of International Affairs (NPSIA). Prior to joining the full-time faculty, he taught as a sessional lecturer at NPSIA as well as at the University of Ottawa Faculty of Law where he also coordinated the International Law program. Professor Penny is a member of the Law Society of Upper Canada and also serves as a Canadian Forces reserve legal officer (Army Lieutenant-Colonel) in the Directorate of International and Operational Law in the Office of the Judge Advocate General.

Chapter Title Contents Contributors Pages Year Price

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Introduces the administration of justice and national security in democracies, focusing on the question of terrorism. A brief overview of the book is also given. 9 $0.90

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Assesses the challenges that Islamist terrorism pose to Western democracies by considering the threat of jihadist terrorism and post-9/11 developments. The question of what role the law can play … 9 $0.90

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Discusses the role of human rights in times of terror, focusing on the role of the judge in protecting democracy, the need for an approach that balances national security and human rights, as … 17 $1.70

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Considers the role of law as a weapon against terror in the United States, arguing that it is overinvested. The role of domestic intelligence and the overuse of judicial warrants are discussed. 26 $2.60

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Ce chapitre aborde le sujet du respect des libertés individuelles et exigences de sécurité nationale en France et en Europe. En particulier, il se concentre sur la choix … 18 $1.80

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Discusses the administration of justice, the Charter and Canada’s national security, focusing on the tensions between state secrecy and the open court principle. Significant cases such as … 26 $2.60

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Examines common law and statutory provisions relating to national security in the United Kingdom, focusing on the application of the common law and many significant cases. 5 $0.50

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Discusses terrorism trials, focusing on security concerns, the use of technology, evidence and judicial independence. 6 $0.60

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Discusses media reporting on national security judicial proceedings in the United Kingdom and Europe, placing particular focus on cases such as Chahal v UK, Attorney General v Guardian Newspapers … 8 $0.80

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Considers national security, ethics, counter-terrorism and the administration of justice, focusing on the dilemma between individual liberty and community security and the resort to torture. 25 $2.50

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Discusses torture and evidence in criminal matters and the fundamental dilemmas it raises, such as the role of the judiciary in guaranteeing human rights, the creation of "suspect" … 7 $0.70

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Discusses deportations with assurances to Algeria, Jordan and Libya from a United Kingdom court’s perspective. Other general themes, such as the scope of assurances, verification and … 13 $1.30

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Examines texts of maturity from an Australian perspective, focusing on new criminal offences, the Security Legislation Review Committee (SLRC), sedition, agency powers, control orders, … 24 $2.40

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Discusses the Intelligence Services Commissioner for the United Kingdom, focusing on parliamentary insight of MI5, MI6 and GCHQ, as well as independent judicial oversight. 6 $0.60

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Discusses the role of Canada’s Security Intelligence Review Committee in safeguarding human rights while protecting national security. The Macdonald Commission and the Charter are also a focus. 7 $0.70