In The Balance

The Administration of Justice and National Security in Democracies


This volume resulted from the International Conference on the Administration of Justice and National Security in Democracies, held in Ottawa in June 2007 and organized jointly by the Courts Administration Service and the Canadian Centre of Intelligence and Security Studies at Carleton University. The Conference brought together members of the judiciary, government officials, and academics from democracies around the world to share their views on the continuing importance and ongoing challenges of the administration of justice and the rule of law in the context of modern threats to national security, in particular those posed by transnational Islamist terrorism.

Table of Contents


1 Introduction: The Administration of Justice and National Security in Democracies
Christopher K. Penny

Part One: Context
2 Islamist Terrorism: Assessing Threats to Democracy
Lorenzo Vidino

Part Two: Law and the Challenge of Terrorism
3 Human Rights in Times of Terror: A Judicial Point of View
The Honourable Aharon Barak

4 On Being Overinvested in Law as a Weapon Against Terrorism
The Honourable Richard A. Posner

5 Respect des libertés individuelles et exigences de sécurité nationale : quel point d’équilibre?
Jean-Claude Marin

6 The Administration of Justice, the Charter, and Canada’s National Security
Stanley A. Cohen

7 Common Law and Statutory Provisions Relating to National Security
The Honourable Sir Andrew Collins

Part Three: Conducting and Reporting National Security Proceedings
8 Terrorism Trials
The Honourable Ian Bruce Josephson

9 Media Reporting on National Security Judicial Proceedings
The Right Honourable Lord Hutton

Part Four: Implications of Torture and Coercion
10 Adjudicating National Security: Ethics, Counter-Terrorism, and the Administration of Justice
Angela Gendron

11 Torture and Evidence in Criminal Matters
The Honourable Yorick Aler

12 Deportations with Assurances: A United Kingdom Court’s Perspective
The Honourable Sir Duncan Ouseley

Part Five: National Security Oversight and Review
13 Tests of Maturity: An Australian Perspective
Ian Carnel

14 Intelligence Services Commissioner for the United Kingdom
The Right Honourable Sir Peter Gibson

15 The Role of Canada’s Security Intelligence Review Committee in Safeguarding Human Rights While Protecting National Security
The Honourable Gary Filmon

List of Contributors

Of interest...