文章基本信息

标题：The Role of the Courts in Time of War
本地全文：下载
作者：Banks, William C.
期刊名称：Washington and Lee Law Review Online
出版年度：2014
卷号：71
期号：3
页码：169
出版社：Washington and Lee University School of Law
摘要：The role of the courts in judging the actions of government in wartime has ranged from extreme deference to careful probing of alleged government excesses over more than two centuries. The courts’ record has reflected the nature of the armed conflicts the United States has engaged in and the legal bases for the actions at issue. In the aggregate, the courts have served as a necessary counterweight to government overreaching in times of national security crisis. It is easy to underestimate the institutional problems confronting judges who are asked to make momentous decisions in times of national crisis—difficulties of fact-finding and assessing the risks of being wrong, among others. Yet no other part of government is as equipped as the judiciary to anchor the nation to its core values during a storm.
关键词：Courts; War; armed conflicts; national security; judiciary