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Keywords:

  • jury trial;
  • terrorism;
  • deliberative democracy

Trial by jury is under threat. This is particularly true in the context of terrorism. This article will explore the benefits of trial by jury to civil society. It will then consider whether those benefits should give rise to a presumption in favour of jury trial in the terrorism context. Historically, the right to trial by jury has been interfered with on the basis that the threat of terrorism justified an exceptional response. This article will argue that the state of exception arising from states' responses to terrorism in fact demands the retention of trial by jury.