Professor Flaherty’s Restoring the Global Judiciary revisits a longstanding debate among legal scholars and practitioners: should courts intervene in foreign affairs and national security? Can they do so effectively? Roughly two diverging approaches to these questions have emerged over time. One camp has doubted the democratic legitimacy of judicial interference with foreign affairs.3 Judges are not elected, members of that camp point out. They are therefore unaccountable to the public. They should not opine on matters that implicate high diplomacy and core national interests the kinds of issues that frequently arise in the foreign and security domain.
Elena Chachko