The precipitating events -- A short history of panic responses -- Detention and the legal status & rights of aliens -- The role of the courts & the popular jurisprudence of counterterrorism -- The rule of law -- An applicable international rule of law -- Guantanamo & Belmarsh -- The war paradigm versus the criminal law in the United States and United Kingdom -- R v A : Marbury judicial review by interpretation in the United Kingdom -- Judicial deference
Summary
Wagstaff describes how 9/11 terrorist attacks provoked panicked responses from the United States and the United Kingdom resulting in detentions of suspected terrorists in a manner incompatible with the due process, fair trial, and equality requirements of the Rule of Law. The legality of the detentions was challenged and found wanting by the highest courts in both the US and UK. The US courts approached these questions as matters within the law of war, whereas the UK courts examined these questions within a human rights criminal law context
Bibliography
Includes bibliographical references (pages 321-344) and index
