A note on waves, wavegroups, and local influence

Bradley, James

doi:10.1080/00046973.1973.9648344

Cited by 1 publication

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“…I agree with Professor Curtis Bradley, for reasons explained in his contribution to this Agora, that the Court is likely to insist on the availability of a wider scope of habeas challenges for those held at Guantanamo. 63 In my view, if constitutional habeas rights apply to Guantanamo detainees, they should similarly obtain at other long-term detention facilities under the control of U.S. officers. 64 The Constitution s application to aliens held under U. S. authority outside the United States.…”

Section: Where Judicial Review May Occur Only If the Mca Is Amended Omentioning

confidence: 92%

Judicial Review and the Military Commissions Act: On Striking the Right Balance

Martin¹

2007

Am. j. int. law

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Hamdan v. Rumsfeld seemed a promising example of a special form of judicial role. Abstaining from deploying its ultimate power to judge the constitutionality of an action of a political branch, the United States Supreme Court used statutory construction to give a strong nudge in a direction favorable to human rights. It negated a questionable and controversial policy—President George W. Bush’s unilateral establishment of military commissions to try terrorist suspects by means of reduced procedures—and essentially remanded the matter to Congress. The initial fruits of that remand, the Military Commissions Act (MCA), came as a disappointment. The Act cuts back on judicial review of the treatment of prisoners at Guantánamo and other U.S. detention sites overseas; it limits certain key protections available to the accused in a military commission proceeding, as compared to courts-martial; and it takes a crabbed view of the requirements of common Article 3 of the Geneva Conventions—at least as applied to the actions of U.S. agents. Nonetheless, further judicial and congressional reconsideration is certainly possible—and highly desirable.

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Section: Where Judicial Review May Occur Only If the Mca Is Amended Omentioning

confidence: 92%

Judicial Review and the Military Commissions Act: On Striking the Right Balance

Martin¹

2007

Am. j. int. law

View full text Add to dashboard Cite

show abstract

A note on waves, wavegroups, and local influence

Cited by 1 publication

References 5 publications

Judicial Review and the Military Commissions Act: On Striking the Right Balance

Judicial Review and the Military Commissions Act: On Striking the Right Balance

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