Journal ArticleDOI
The Legacy of the Magna Carta in Recent Supreme Court Decisions on Detainees' Rights
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The legacy of the Magna Carta is apparent in the Supreme Court's recent decisions regarding detainees' rights as mentioned in this paper, and the majority opinion in Boumediene v. Bush (2008) traced the history of the writ of habeas corpus back to the Magcan Carta and relied on that lineage to rule that Guantanamo detainees were entitled to petition for habea corpus, even though Congress had explicitly denied them that right in the 2006 Military Commissions Act (MCA) and the 2005 Detainee Treatment Act (DTA).Abstract:
The legacy of the Magna Carta is apparent in the Supreme Court's recent decisions regarding detainees' rights. Asked to evaluate strong claims of executive power, the Court has had occasion to consider the origin and scope of habeas corpus, which many scholars see as a product of the Magna Carta. The majority opinion in Boumediene v. Bush (2008) traced the history of the writ of habeas corpus back to the Magna Carta and relied on that lineage to rule that Guantanamo detainees were entitled to petition for habeas corpus, even though Congress had explicitly denied them that right in the 2006 Military Commissions Act (MCA) and the 2005 Detainee Treatment Act (DTA).read more
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Dissertation
A comparative assessment of constitutionalism in Western and Islamic thought
TL;DR: In this paper, the authors analyze the ideas that have shaped Western and Islamic constitutional discourse and assesses the extent to which they intersect at key historical and philosophical points, concluding that Islam and constitutionalism are mutually exclusive.
Book
The Politics of Prisoner Abuse: The United States and Enemy Prisoners after 9/11
TL;DR: Forsythe's book as mentioned in this paper examines the abuse of enemy detainees at the hands of the United States and explores the similarities and differences between Presidents Obama and Bush on the question of prisoner treatment in an age of terrorism and asks how the Administration should proceed.
DissertationDOI
Habeas Corpus and the exceptions clause : exploring intergenerational institutional struggle.
Dissertation
Biopolitics, counter-terrorism and law after 9/11
TL;DR: In this article, a biopolitics-based analysis of counter-terrorist measures in the US is presented, with a focus on the relationship between the biopolitical discourses of preemption, exception and contingency within the existing legal framework.
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Journal ArticleDOI
Constitutional Democracy: A Paradoxical Union of Contradictory Principles?
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Liberalism and the moral life
TL;DR: In this article, the authors discuss the role of education and the moral life in the development of liberal democracy and the costs of consent, and discuss the relationship between education and moral conflict.
Book
Brennan and Democracy
TL;DR: In "Brennan and Democracy" as discussed by the authors, Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges.