Judicial Review of Counter-Terror Legislation: The Jurisprudence of the United States Supreme Court and the Supreme Court of Pakistan

Abstract

Since the attacks of 9/11, terrorism has emerged as a serious concern for national security. Both the United States and Pakistan have and continue to experience the scourge of terrorism and strive to grapple with it in a manner that is compliant with their constitution. Consequently, the counter-terrorism measures put in place by both states have been put to review by the highest constitutional courts of the states. This work attempts to analyze the jurisprudence of the United States Supreme court and the Supreme Court of Pakistan and examines whether the former has impacted the interpretation of the latter. Keywords: Judicial Review, Judiciary, Terrorism, Legislation