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Part I Counter-terrorism and The Rule of Law Framework, 8 Executive Power and the Use of the State of Emergency

César Landa

From: Counter-Terrorism: International Law and Practice

Edited By: Ana María Salinas de Frías, Katja Samuel, Nigel D White

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 28 February 2024

Terrorism — State practice — Habeas corpus
One of the greatest challenges facing democratic states in recent years has been the scourge of terrorism, in both its domestic and international dimensions. In an era witnessing the expansion of democracy and human rights, the phenomenon of terrorism poses many significant rule of law challenges for states. The specific focus of this chapter is on those faced by the judiciary, especially in the exercise of its judicial functions in reviewing the executive’s exercise of its powers to maintain or reinstate public order and peace during a state of emergency...
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