Resumen de Constitutionalism, counterterrorism, and the courts: Changes in the British constitutional landscape
The aim of this paper is to show that in recent times (and certainly since the enactment of the U.K. Human Rights Act 1998) there has been a subtle but nonetheless significant change in British constitutional law. Using case law dealing with questions of national security post-9/11, this paper argues that there has been a “constitutional shift” from a completely hands-off judicial approach (as embodied in the doctrine of nonjusticiability) to a more hands-on approach (as embodied in the idea of a variable intensity of review combined with a degree of deference).
