Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld
Judicial Balancing In Times Of Stress: Comparing The American, British, And Israeli Approaches To The War On Terror, Michel Rosenfeld
Articles
This article explores the proper role of judicial balancing in cases arising out of the war on terror. The relevant cases have all relied on judicial balancing in spite of criticism suggesting that in relation to the war on terror the judicial role should be minimized or confined to application of preestablished categorical standards. The article advances the thesis that judicial balancing is appropriate and indispensable in this context, but that it has thus far not been used properly. This is because existing cases fail to distinguish between states of emergency and conditions of stress and seem caught between a …