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The Apologist Role of National Courts: Legitimizing (Illegal) State Policy

Sharon Weill

in The Role of National Courts in Applying International Humanitarian Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199685424
eISBN:
9780191765643
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685424.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter discusses the apologist role of courts, in which they serve as a legitimating agency for state action. The first case study shows how the Israeli High Court of Justice (HCJ) contributed ... More


Torture

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0007
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

Defining limits of coercive interrogation is put to the test when an interrogator is sitting across from someone who is not cooperating and the interrogator knows is in possession of information ... More


Application of the Hybrid Paradigm

Amos N. Guiora

in Constitutional Limits on Coercive Interrogation

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195340310
eISBN:
9780199867226
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340310.003.0003
Subject:
Law, Human Rights and Immigration, Constitutional and Administrative Law

One clear assertion of this book is that the present system of interrogations and detainee status requires our collective and immediate attention. To that end, the hybrid paradigm was created. ... More


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