A critical component of a liberal democracy's counterterrorism efforts is the role of that nation's judiciary. The concept of an unfettered executive, unrestrained by courts and legislatures alike, is detrimental to a nation attempting to balance national security and individual rights. The authors analyze whether, and how, the courts in the United States and Israel truly review executive decisions regarding armed conflict by analyzing decisions of the two Supreme Courts and the late Chief Justice William Rehnquist's and President Barak's writings.
Amos N. Guiora and Erin M. Page,
Going Toe to Toe: President Barak's and Chief Justice Rehnquist's Theories of Judicial Activism,
29 Hastings Int'l & Comp. L. Rev. 51
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol29/iss1/3