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KCI등재 학술저널

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

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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.

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

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