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  • Detainee rights [Elektronski vir] : "the" judicial vs. congressional check on the president in wartime
    Porčnik, Tanja
    This paper empirically examines the role of the separation of powers in safeguarding detainees' rights within U.S. detainee policies and practices. In the wake of the September 11, 2001, terrorist ... attacks on the United States, the U.S. government detained terrorism suspects indefinitely and without charge, denied them a right to challenge their detention and subjected them to enhanced interrogation methods. Relying on the empirical analysis of jurisprudence and legislation passed during the Bush and Obama presidencies, the paper argues that judicial and legislative checks on the Executive played both positive and negative roles in the U.S government's protection of Guantánamo detainees' rights within the U.S. detainee policies and practices, with the Supreme Court exhibiting predominantly a positive role and Congress predominantly a negative role
    Source: Journal of comparative politics [Elektronski vir]. - ISSN 1338-1385 (Vol. 12, no. 2, Jul. 2019, str. 69-87)
    Type of material - e-article
    Publish date - 2019
    Language - english
    COBISS.SI-ID - 30806531