Roger Douglas compares responses to terrorism by five liberal
democracies--the United States, the United Kingdom, Canada,
Australia, and New Zealand--over the past 15 years. He examines
each nation's development and implementation of counterterrorism
law, specifically in the areas of information-gathering, the
definition of terrorist offenses, due process for the accused,
detention, and torture and other forms of coercive questioning.
Douglas finds that terrorist attacks elicit pressures for quick
responses, often allowing national governments to accrue additional
powers. But emergencies are neither a necessary nor a sufficient
condition for such laws, which may persist even after fears have
eased. He argues that responses are influenced by both
institutional interests and prior beliefs, and complicated when the
exigencies of office and beliefs point in different directions. He
also argues that citizens are wary of government's impingement on
civil liberties and that courts exercise their capacity to restrain
the legislative and executive branches. Douglas concludes that the
worst antiterror excesses have taken place outside of rather than
within the law and that the legacy of 9/11 includes both laws that
expand government powers and judicial decisions that limit those
very powers.
" S]trong, well-researched, and well-argued. . . . It is a
useful book bringing together a clear and thoughtful analysis of
the counter-terrorism law of five different countries."
--Robert Strassfeld, Case Western University School of Law
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