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Journal of International Criminal Justice Advance Access originally published online on December 15, 2006
Journal of International Criminal Justice 2006 4(5):1117-1136; doi:10.1093/jicj/mql080
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© Oxford University Press, 2006, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

IV. The Response to Terrorism in Some Western Countries

Developments in US Anti-terrorism Law

Checks and Balances Undermined

Norman Abrams*

* Acting Chancellor UCLA USA. [ abrams{at}law.ucla.edu]


  Abstract

The thesis of this update on developments in US anti-terrorism law since 9/11 is that the system of checks and balances among the several branches of the government, executive, judicial and legislative, has been undermined by the deferral and avoidance of key decisions by each of the branches and the withdrawal of authority by one branch from another. Examples are drawn from four Supreme Court decisions handed down since 9/11; the use of sunset clauses in the USA PATRIOT Act; the Detainee Treatment Act of 2005; the use of torture in interrogating suspected terrorists; National Security Agency electronic surveillance; extraordinary renditions of suspected terrorists; and the Military Commissions Act of 2006.


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