Publication Type
Journal Article
Version
publishedVersion
Publication Date
1-2007
Abstract
[A] mid the clash of arms, the laws are not silent" - and it is up to judges to give voiceto the law. Acts of terrorism have not ceased since 11 September 2001 and news offresh attacks or foiled attempts continues to surface regularly. It is not surprising thatin order to preserve the nation state, governments have used legislative tools to deterand punish terrorism, including the tool of indefinite preventive detention. In thisarticle, I analyse the pieces of legislation providing for indefinite preventive detentionin Singapore, the United Kingdom and the United States, as well as the judicial responseto them. Adopting Justice Aharon Barak's approach, I submit that the ideal role for thejudiciary in responding to counter-terrorism is two-fold: (1) to bridge the gap betweenlaw and society and (2) to protect the constitution and democracy.
Discipline
Law and Society
Publication
Singapore Law Review
Volume
25
First Page
3
Last Page
23
ISSN
0080-9691
Publisher
National University of Singapore Faculty of Law
Citation
CHUA, Eunice.
Reactions to Indefinite Preventive Detention: An Analysis of How the Singapore, United Kingdom and American Judiciary Give Voice to the Law In the Face of (Counter) Terrorism. (2007). Singapore Law Review. 25, 3-23.
Available at: https://ink.library.smu.edu.sg/sol_research/1809
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