Details

Autor(en) / Beteiligte

• Bell, Colleen

Titel

Subject to Exception: Security Certificates, National Security and Canada's Role in the "War on Terror"

Ist Teil von

• Canadian journal of law and society, 2006, Vol.21 (1), p.63-83

Ort / Verlag

Cambridge: Cambridge University Press

Erscheinungsjahr

2006

Link zum Volltext

Quelle

Worldwide Political Science Abstracts

Beschreibungen/Notizen

• This article examines the values ascribed to the lives of non-citizens by the Immigration & Refugee Protection Act's security certificate process & its implications for state power & political freedom. Under the imperative of national security & the "war on terror," the security certificate functions as a moment of legal exception for the assertion of sovereign power & legitimation. This compromises the rule of law & denies basic legal protection to non-citizen detainees. The first section of the article addresses the mechanisms & procedures of the security certificate. Special attention is paid to the use of detention & evidentiary standards in order to illustrate the manner in which the security certificate derogates the rule of law. The second section considers how eroding the rule of law opens a space of exception for the exercise of sovereign, unmitigated state power that is grounded in the discriminatory criteria of citizenship status so as to implicate foreignness in the production of danger. The final section addresses how the security certificate configures freedom as commensurate with the national security objectives of the "war on terror," exposing the limitations of liberal freedom in relation to modern state power. Adapted from the source document.