When National Security Is the Priority - A Comparative Analysis of the UK, the USA and Taiwan

• 발행기관: 세계헌법학회 한국학회
• 저자명: David KC Huang Nigel N.T. Li
• 간행물 정보: 『세계헌법연구』世界憲法硏究 第26卷 第1號, 205~228쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.04.30

영문 초록

This article studies national security legislation and the relevant judicial decisions in the United Kingdom, the United States and Taiwan. It highlights the dangers of these laws because they imply the notion of abstract danger, by which when threats against the state are found, it is already reasonable enough to derogate from the human rights of the suspected enemies. Consequently, irrational law enforcement in the name of equality is permitted by the apex courts. However, national security is the product of fear of enemies, and when the traditional value of human rights protection is subject to it, the ‘enemy’ wins.

목차

1. INTRODUCTION

2. LITERATURE REVIEW: SOVEREIGNTY AND HUMAN RIGHTS

3. LAW OF ABSTRACT DANGER UNDER THREAT

4. LAW OF INEQUALITY IN THE NAME OF EQUALITY

5. CONCLUSION