Pro-Constitutional Engagement: Judicial Review, Legislative Avoidance and Institutional Interdependence in National Security

No. Panggil :	eja-21-0480
Nama Orang :	Guruli, Nino






Penerbitan :	[Place of publication not identified] : Ebsco - NAtional Security and Crime, 2021

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Abstrak	This paper examines the role of legislatures and how judicial review can prompt legislative activity. In the national security arena, more emphasis tends to be placed on the dangers of judicial activity understood as judicial activism without adequate acknowledgement of the fact that judicial avoidance can be equally activist and can have an impact on the political process. Post 9/11, facing a similar challenge, and relying on similar constitutional, institutional, and normative principles, the courts in the United States and United Kingdom made different choices, in large part due to distinct conclusions about appropriate institutional roles. Where the courts remained inactive, the U.S., the legislature made no changes to the legal framework authorizing executive power. Where the courts exercised some scrutiny and pointed out constitutional flaws, the U.K., the legislature made some attempts to remedy those faults and make more constitutionally conscious choices. Judicial timidity can encourage legislative disengagement, especially when the challenged action arises in a constitutionally fraught area where the impacted population has no political voice. Ultimately, such judicial and legislative disengagement significantly compromises the proper functioning of the separation of powers. On June 10, 2019, the U.S. Supreme Court denied cert in the case of Moath al-Alwi, a man detained at Guantanamo since 2002, continuing a decade-long trend of disengagement. As we near the twenty-year anniversary of 9/11, it may be time to consider what form of judicial engagement may prompt better legislative engagement, thereby revitalizing the proper functioning of the separation of powers, in the service of constitutional governance.
Entri Tambahan Nama Orang
001 Hak Akses (open/membership)	membership
Kata Kunci
ISSN
Tahun Terbit	2021
No. Induk	eja-21-0480
Entri Sumber Data	Ebsco - NAtional Security and Crime
Entri Utama Nama orang	Guruli, Nino
Volume, Nomor, Tahun dan Hlm.
Barcode	eja-21-0480
Subjek Topik
Judul Utama	Pro-Constitutional Engagement: Judicial Review, Legislative Avoidance and Institutional Interdependence in National Security
Kode Bahasa	eng
Sumber Koleksi	Perpustakaan Nasional