TY - CONF A1 - Hong, Quoc Loc T1 - The role of courts in the War on Terror T2 - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series ; 035 N2 - The normative position of the judiciary under the traditional conception of democracy as self-legislation by the people is too weak to protect in an effective way the rights of suspects in the global War on Terror. Drawing on arguments elaborated by Hans Kelsen and Karl Popper, we shall attempt to devise in this paper an alternative democracy conception that could serve as a much more solid foundation for the judicial branch of government in a democratic state. Through this jurisprudential strategy, we hope to be able to maintain the balance of normative power among the Trias Politica, which, in turn, may contribute to the preservation of the legal rights of every person during the struggle against terrorists. T3 - 25th IVR World Congress: Law, Science and Technology Frankfurt am Main 15–20 August 2011 ; Paper Series - 035 KW - War on Terror KW - Courts of Law KW - Democracy KW - Hans Kelsen KW - Karl Popper Y1 - 2012 UR - http://publikationen.ub.uni-frankfurt.de/frontdoor/index/index/docId/24893 UR - https://nbn-resolving.org/urn:nbn:de:hebis:30:3-248930 PB - Goethe-Univ. CY - Frankfurt am Main ER -