Abstract

As we seem to be witnessing the last chapters of the closure of the Guantanamo detention camps, we are compelled to evaluate the successes and the failures of the US Supreme Court’s decisions on the cases emerging from Guantanamo bay. Such an assessment is vital in that it enables us to establish an emerging pattern in the modalities of the interaction between the judiciary and the executive in the Twenty First century. My paper will seek to scrutinise two main dimensions of the Guantanamo cases, namely, procedural and substantive restraints put on the detention powers of the US executive by the US Supreme Court. On the account of a detailed analysis of the aforementioned dimensions, and with a view to the implications of these decisions for the future judgements of a similar nature, I will conclude that whilst the US Supreme Court showed a great degree of fortitude in upholding some procedural safeguards for the Guantanamo detainees, its overall conduct fell a long way short of putting substantive restraints on the authority of the US executive.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.