The War on Terrorism in the Courts

Authors

Gerald E. Rosen, United States District Court Judge, Eastern Michigan

Abstract

The article addresses the challenges posed by the war on terrorism to judicial independence and the protection of civil liberties. It argues that while the Executive and Legislative branches must act to safeguard national security, the Judiciary has a critical role in ensuring that constitutional rights and procedural safeguards are not eroded. The author emphasizes that courts must balance the need to defer to national security concerns with the obligation to protect fundamental rights, such as access to courts, right to counsel, and confrontation rights, even in terrorism cases.

Disciplines

Courts | Judges | Law | Military, War, and Peace

Recommended Citation

Gerald E. Rosen, The War on Terrorism in the Courts, 5 Cardozo Pub. L. Pol’y & Ethics J. 101 (2006).
Available at: https://larc.cardozo.yu.edu/cplpej/vol5/iss1/10