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Courts defer to executive branch on national security risk assessment

Courts in common law jurisdictions, including the US and UK, generally defer to the executive branch when assessing national security risks. This deference stems from the executive's unique position to access and interpret sensitive intelligence, which courts lack the institutional competence to evaluate. Landmark cases in both countries affirm that while courts adjudicate national security crimes, the determination of threats to national security remains an executive function. AI

RANK_REASON This is an opinion piece discussing legal precedent and the roles of different branches of government, rather than a factual report of a new event.

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Courts defer to executive branch on national security risk assessment

COVERAGE [1]

  1. SCMP — Tech TIER_1 English(EN) · Ronny Tong ·

    Why executive branches are best placed to gauge national security risks

    The recent enactment of a subsidiary legislation in Hong Kong regarding the appropriate procedure to be followed in cases of non-national security offences involving national security considerations not surprisingly spurred some to revisit the chief executive’s power, granted und…