Paper's abstract

Bruce Ackerman, The Evolution in the Fight against Terrorism
How a constitutional state can face terrorist threats in ways compatible with its commitment to democracy, fundamental rights and the rule of law ? In stark contrast with both the present US administration legal arguments and the alternative claim that the present threats and challenges can be tackled within the present constitutional and statutory framework, Bruce Ackermann rejects the characterisation of September 11th attacks as either the beginning of a "war" or something that can be dealt with as an ordinary crime. In a prescriptive assessment, he calls for specific new measures enshrined in a "state of emergency constitu-tion". This framework statute should ensure that state institutions are well equipped to face this threat and that such powers are not used to render an empty form fundamental rights and freedoms. In particular, Bruce Ackerman thinks that the governmental power to declare a state of emergency should not only be quickly endorsed by the House of Congress but also made increasingly difficult to obtain thanks to a so called supermajoritarian escalator.

Key Words : terrorism
t. 51, 2008 : p. 243-251

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