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

19 Pages Posted: 12 Jul 2013 Last revised: 25 Feb 2014

See all articles by David Anderson

David Anderson

Brick Court Chambers; King's College London - The Dickson Poon School of Law

Date Written: June 15, 2013

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

Suggested Citation

Anderson, David, Shielding the Compass: How to Fight Terrorism Without Defeating the Law (June 15, 2013). Available at SSRN: https://ssrn.com/abstract=2292950 or http://dx.doi.org/10.2139/ssrn.2292950

David Anderson (Contact Author)

Brick Court Chambers ( email )

7 - 8 Essex St.
London, WC2R 3LD
United Kingdom

King's College London - The Dickson Poon School of Law

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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