Constitutionalism Across Borders in the Struggle Against Terrorism
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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.
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Chapter 16: Conclusion

Lech Garlicki


This book debates the phenomenon of internationalization or/and globalization of constitutional law. Due to the very nature of the Research Group on Constitutional Responses to Terrorism, the debate is oriented on different aspects of anti-terrorist measures and on different remedies which should ensure observation of fundamental rights in application of those measures. This is an almost perfect example. The fight against terrorism is increasingly taking a global dimension and, at least to some extent, escapes from the area fully controlled by national constitutional arrangements. In consequence, globalization must also affect the system of remedies. This creates certain tensions between constitutional law and international law: similar problems and similar (fundamental) rights are regulated in parallel at the national (constitutional) and global (international) level. In Europe, the situation becomes even more complicated due to the existence of regional systems (the Council of Europe and the European Union) with their own regulatory powers and their own systems of remedies. There are more questions than answers concerning hierarchy, authority and interconnectivity of all those systems. In brief, the debate on the struggle against terrorism is but a reflection of a more general problem, namely the relation between international law, supranational law and constitutional law. Globalization of responses to terrorist activities is unavoidable and necessary.

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