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Judicial Responses to Counter-Terrorism Law after September 11
Authors:Patrick F Larue
Institution:Department of Political Science, University of Texas at Dallas, Richardson, TX, USA
Abstract:The role of the courts is quite important, especially in the protection of individual rights and liberties. Many counter-terrorism policies implemented at the national level often infringe on these rights, and courts are the best line of defense against these violations of liberty. However, courts do not always rule in favor of liberty, sometimes ruling in favor of a strict government policy. This analysis seeks to explain the conditions that may lead courts to rule in favor of, or against, the government, arguing that political fragmentation is a potentially key factor in determining when particular case outcomes occur.
Keywords:Counter-terrorism law  high courts  political fragmentation  judicial decision-making
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