Shielding the Compass: How to Fight Terrorism Without Defeating the Law

Abstract

Terrorism was commonplace prior to 9/11: yet the years since then have seen an unprecedented growth in terrorism law. Some of the conventional justifications for terrorism-specific laws are overblown: if such laws are needed, this must be (the author suggests) because of the particular demands of policing and prosecuting this type of crime. Keeping terrorism laws within proper bounds cannot be achieved solely by changes to the definition of terrorism, or by promoting a culture of executive restraint. The solution lies in constitutionalism, where both Parliament and the courts – including the European Court of Human Rights – have been more effective in recent years than they are often given credit for.

Keywords: terrorism, constitutionalism, independent reviewer

JEL Classification: K10, K14