Transplantation

Counter terrorism Transplantation Human Rights

In the first edition of this volume, I suggested that in liberal–democratic states, it is a spiral, not a pendulum, that best describes the evolution of counter-terrorist law. Introduced in the wake of the latest attack, new measures seek to expand executive authority. Legislators tend to capitulate to the executive’s demands, often under expedited circumstances and without careful analysis of how the attack occurred. The most onerous provisions may be subject to sunset clauses, but there after repeal becomes extremely dii cult. To allow such measures to lapse, legislators must demonstrate that the threat no longer exists, that by repealing the provisions violence will not ensue or that some level of violence is acceptable.