Law Reform As a Response to Terrorist Threats

Forthcoming, New Criminal Law Review 23 (4) 2020

Amsterdam Law School Research Paper No. 2019-11

General Subserie Research Paper No. 2019-01

39 Pages Posted: 12 Mar 2019 Last revised: 11 May 2019

See all articles by Hadassa Noorda

Hadassa Noorda

Columbia University - Law School; University of Amsterdam; New York University School of Law

Date Written: March 11, 2019

Abstract

This article sets out guidelines for law reform processes to account for the challenges that terrorism may pose to the rule of law and democracy. As a response to terrorism, an increase in reforms of laws and administrative measures has been seen across jurisdictions. The substantive offences themselves have been criticized, but as of yet, the theoretical issues that may arise during processes of reform have not been considered. However, law reform as a direct and immediate response to such events may curtail the rule of law and democracy: there may be inadequate time for debate in the legislature regarding proposed measures or the debate may be centered on arguments based on fear and hate towards perpetrators. This article argues that this may curtail individual autonomy of citizens and truncate democracy. It sets out guidelines for how processes of law reform may treat people as capable of self-moderation.

Keywords: law reform, anti-terrorism, individual autonomy, rule of law, democracy

JEL Classification: K30

Suggested Citation

Noorda, Hadassa, Law Reform As a Response to Terrorist Threats (March 11, 2019). Forthcoming, New Criminal Law Review 23 (4) 2020; Amsterdam Law School Research Paper No. 2019-11; General Subserie Research Paper No. 2019-01. Available at SSRN: https://ssrn.com/abstract=3350521

Hadassa Noorda (Contact Author)

Columbia University - Law School ( email )

University of Amsterdam ( email )

Spui 21
Amsterdam, 1018 WB
Netherlands

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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