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Courts and conditions of uncertainty in 'times of crisis'

By Thomas Poole

Abstract

This paper examines recent decisions of the British courts in terrorism cases. Two general approaches are identified: the first seeks to accommodate government crisis-related claims; the second starts from the need to reassert ‘normal’ public law principles. The paper then explores the judicial response to a particularly important plane of argument – namely, questions of risk and uncertainty. While a number of different ways of responding to government arguments about risk are isolated, it is argued that it is ultimately better for the courts to confront these arguments directly in their judgments

Topics: KD England and Wales, HV Social pathology. Social and public welfare. Criminology
Publisher: Department of Law, London School of Economics and Political Science
Year: 2007
OAI identifier: oai:eprints.lse.ac.uk:24626
Provided by: LSE Research Online
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