The world is littered with constitutions that have written guarantees of rights but that don't actually deliver rights. What differentiates the ones where rights are real from where rights are fake is that it's in the initial interests of the majority to actually deliver these rights.
From Noah Feldman
The great difficulty with Guantanamo is it was perceived correctly as being a place where people were not being detained subject to rules. I don't think the world thinks that you can't detain suspected terrorists - the world thinks you can do that, but you have to do it pursuant to rules and to clear charges.
From Noah Feldman
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