Access to Justice and Electoral Integrity
https://sustainabledevelopment.un.org/post2015/transformingourworld
Andrew Kent, “Disappearing legal black holes and converging
domains: changing individual rights protection in national security
and foreign affairs”, Columbia Law Review, Vol. 115, No. 4 (mayo
2015), pp. 1029-1084
This article discusses the distinction between the protection of individual
rights in the context of national security and international affairs. Historically, the U.S. Constitution has changed its applicability under certain
characteristics, creating spaces where there has been no legal protection
for certain people. National security and international affairs have been
marked by these black holes, even though, as shown in the document,
it has declined in recent years. The effect has been to suggest a kind of
continuity in legal thought about how people are protected from overreaching by the U.S. government.
The author states that the future of national security and foreign affairs is
likely to see more aggressive judicial review and further application and
extension of ordinary constitutional and other legal norms. The number
of persons, places, or contexts that are legal black holes will continue
to shrink, as national security and foreign affairs will become less and
less legally exceptional. The relevance of this article is to find the spaces
of convergence between national security principles and the universal
protection of human rights.
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