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Law, Liberty, and the Pursuit of Terrorism Douglas, Roger Pdf

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 							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 the law rather than within, and that the legacy of 9/11 includes both laws that expand government powers and
judicial decisions that limit those very powers.
  About the Author
  Roger Douglas is Professor of Law
at La Trobe University.
  

  						

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