THIS AIN'T NO KOREMATSU, THIS AIN"T NO FOOLING AROUND. The Canadian lawblogger Pithlord has a good analysis of the Supreme Court of Canada's recent Charkaoui decision, which held that the Canadian government's procedures for detaining and deporting terrorist suspects were insufficient to meet the requirements of fundamental justice. As he said, the decision is judicial review "at its best": "[t]he Court encouraged a more moderate response to a serious problem, one that has the potential to reduce miscarriages of justice." The Court's meticulous balancing of legitimate state interests and constitutional rights is particularly instructive in light of Benjamin Wittes' world-weary sneering about the inherent incapacity of courts to make reasonable legal judgments during times of war.
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