| The thesis addresses the capacity of the legal system to deal with the deportation of non-citizens perceived to threaten national security in Canada and the UK. Gross has argued that in response to emergencies explicit provision should be made for extra-legal measures. However, Gross' endorsement of extra-legal measures overlooks available constitutional models. The thesis outlines a conception of constitutionality overlooked by Gross: Legality as an exercise in public justification. It then develops a response to threats to national security modelled on that conception. In terms of the principles of substantive review, the model builds on Canadian Charter jurisprudence, primarily that relating to s 7, to argue for a demarcation between constitutional rights and their limitation. Turning to procedures, the thesis refers to those of the Special Immigration Appeals. Commission (U.K.) to illustrate a reconciliation between procedural fairness and confidentiality in the area of national security. |
