The Jury as a Political Institution in an Age of Counterterrorism
Fergal F. Davis
University of New South Wales - ARC Laureate Fellowship: Anti-terror laws & the democratic challenge
July 9, 2012
Politics, Vol. 33, No. 1, 2013
Trial by jury is under threat. This is particularly true in the context of terrorism. This article will explore the benefits of trial by jury to civil society. It will then consider whether those benefits should give rise to a presumption in favour of jury trial in the terrorism context. Historically, the right to trial by jury has been interfered with on the basis that the threat of terrorism justified an exceptional response. This article will argue that the state of exception arising from states' responses to terrorism in fact demands the retention of trial by jury.
Keywords: trial by jury, terrorism, law, politics
JEL Classification: K00, K14Accepted Paper Series
Date posted: July 9, 2012 ; Last revised: November 6, 2012
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