WHAT'S HAPPENING TO THE RIGHT TO A FAIR HEARING

The policies of the U.S.--developed in response to the threat of terrorism have been criticized This is of importance, not only because of the harm it does to the United States own reputation, but because of the influence such measures have on other countries with less commitment to the protection of human rights than the United States has historically had It is, however a crucial issue because of the impact that such policies can have on the political will of the international community to respect and promote half a century of endeavor to build an international human rights culture, and on attitudes and behavior in countries affected by such measures. The exception becomes the rule; the temporary becomes permanent; and fairness and due process cease to have the meaning they once had. This Article's remarks are directed to the right to a fair hearing which must be seen, however in a broader context as a concern about a discourse which, whilst retaining the label, seeks to change the content of established principles of human rights.