Table of Contents

Constitutionalism Across Borders in the Struggle Against Terrorism

Constitutionalism Across Borders in the Struggle Against Terrorism

Edited by Federico Fabbrini and Vicki C. Jackson

This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders.

Chapter 1: Introduction

Federico Fabbrini and Vicki C. Jackson

Subjects: law - academic, constitutional and administrative law, terrorism and security law, politics and public policy, constitutions

Extract

Terrorist attacks since 9/11 have exposed the global nature of contemporary terrorism threats. However, they have also posed considerable challenges for democratic states on a comparable worldwide basis about how to devise measures which prevent and respond to terrorism while still safeguarding core constitutional values such as the protection of human rights. Indeed, the challenge of squaring the struggle against terrorism with the need to protect constitutionalism has increasingly acquired a transnational dimension, as national governments cooperate bilaterally, or exercise powers multilaterally, within the framework of supranational regimes like the European Union (EU), or through international organizations such as the United Nations (UN). In an era in which terrorism threats have spread around the globe, public authorities have had to develop instruments to fight terrorism both domestically and overseas, acting both on their own and in concert. Yet, these developments have raised crucial questions about the extent to which constitutional protections existing within the state apply outside it, or are replicated beyond it, and above it. The purpose of this edited collection is to explore the topic of constitutionalism across borders in the struggle against terrorism. To achieve this objective, the book analyzes the ways in which constitutional rules and principles relevant in the field of counter-terrorism move across borders, developing a number of threads in a multidimensional fashion.