New Book: Critical Debates on Counter-Terrorism Judicial Review

9781107053618I am delighted that my new book, co-edited with Fergal F. Davis (UNSW), has now been published by Cambridge University Press. The book, entitled Critical Debates on Counter-Terrorism Judicial Review, features an excellent collection of international scholars who bring their own unique perspectives to the debates about the role and nature of judicial review of counter-terrorist measures, as well as alternatives to judicial oversight (such as enhanced political oversight, enquiries and independent reviewers). This is reflected in the table of contents:


Counter-terrorist judicial review: beyond dichotomies, Fergal F. Davis and Fiona de Londras

Part I. Judging Counter-Terrorist Judicial Review
1. Counter-terrorist judicial review as regulatory constitutionalism, Fiona de Londras
2. Counter-terrorism judicial review by a traditionally weak judiciary, Jens Elo Rytter
3. When good cases go bad: unintended consequences of rights-friendly judgments, David Jenkins
4. The rhetoric and reality of judicial review of counter-terrorism actions: the United States experience, Jules Lobel
Part II. Beyond Counter-Terrorist Judicial Review
5. Emergency law as administrative law, Mark Tushnet
6. The politics of counter-terrorism judicial review: creating effective parliamentary scrutiny, Fergal F. Davis
7. Independent reviewers as alternative: an empirical study from Australia and the UK, Jessie Blackbourn
8. Public inquiries as an attempt to fill accountability gaps left by judicial and legislative review, Kent Roach
Part III. Counter-Terrorist Judicial Review in the Political Constitution
9. Rebalancing the unbalanced constitution: juridification and national security in the United Kingdom, Roger Masterman
10. Running business as usual: deference in counter-terrorist rights review, Cora Chan
10. Deference and dialogue in the real-world counter-terror context, Gavin Phillipson
Part IV. Internationalised Counter-Terrorist Judicial Review
11. Counter-terrorism law and judicial review: the challenge for the Court of Justice of the European Union, Cian C. Murphy
12. Post 9/11 UK counter-terrorism cases in the European Court of Human Rights: a ‘dialogic’ approach to rights’ protection or appeasement of national authorities?, Helen Fenwick
13. Accountability for counter-terrorism: challenges and potential in the role of the courts, Helen Duffy.

The book emerged from a workshop generously funded by the British Academy/Leverhulme Trust small grants scheme, and can now be ordered directly from CUP. You can also read the substantive introductory chapter written by myself and Fergal for free through my SSRN page, and my chapter on the Durham repository.

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