Courts and Conditions of Uncertainty in 'Times of Crisis'

33 Pages Posted: 17 Sep 2007

See all articles by Thomas M. Poole

Thomas M. Poole

London School of Economics - Law Department

Date Written: September 2007

Abstract

This paper examines recent decisions of the British courts in terrorism cases. Two general approaches are identified: the first seeks to accommodate government crisis-related claims; the second starts from the need to reassert 'normal' public law principles. The paper then explores the judicial response to a particularly important plane of argument - namely, questions of risk and uncertainty. While a number of different ways of responding to government arguments about risk are isolated, it is argued that it is ultimately better for the courts to confront these arguments directly in their judgments.

Suggested Citation

Poole, Thomas M., Courts and Conditions of Uncertainty in 'Times of Crisis' (September 2007). LSE Legal Studies Working Paper No. 7/2007. Available at SSRN: https://ssrn.com/abstract=1013503 or http://dx.doi.org/10.2139/ssrn.1013503

Thomas M. Poole (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/thomas-poole.htm

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