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Balancing Security And Liberty In Germany, Russell A. Miller
Balancing Security And Liberty In Germany, Russell A. Miller
Russell A. Miller
Scholarly discourse over America’s national security policy frequently invites comparison with Germany’s policy. Interest in Germany’s national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States, Germany’s historical encounters with violent authoritarian, anti-democratic, and terrorist movements have endowed it with a wealth of constitutional experience in balancing security and liberty. The first of these historical encounters – with National Socialism – provided the legacy against which Germany’s post-World War II constitutional order is fundamentally defined. The second encounter – with leftist domestic radicalism in the 1970s and 1980s – …
The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh
The Contribution Of The Special Court For Sierra Leone To The Development Of International Law, Charles Chernor Jalloh
Charles C. Jalloh
This article is the first major study examining whether the Special Court for Sierra Leone (SCSL) has made, or is making, any contribution to the development of international law. The author concludes that it has. In this vein, he analyzes the creation of the Defence Office, the Legacy Phase Working Group and the Outreach Section to show that some of the structural novelties introduced through SCSL practice have proven to be worthy of replication within other international criminal courts. Taking as an example the controversy regarding the United Nations Security Council’s power to create ad hoc international criminal tribunals, the …
Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh
Kenya Vs. The Icc Prosecutor, Charles Chernor Jalloh
Charles C. Jalloh
No abstract provided.