The Long Decade: How 9/11 Changed the Law

ISBN : 9780199368327

David Jenkins; Amanda Jacobsen; Anders Henriksen
368 Pages
168 x 244 mm
Pub date
May 2014
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The terrorist attacks of 9/11 precipitated significant legal changes over the ensuing ten years, a "long decade" that saw both domestic and international legal systems evolve in reaction to the seemingly permanent threat of international terrorism. At the same time, globalization produced worldwide insecurity that weakened the nation-state's ability to monopolize violence and assure safety for its people. The Long Decade: How 9/11 Changed the Law contains contributions by international legal scholars who critically reflect on how the terrorist attacks of 9/11 precipitated these legal changes. This book examines how the uncertainties of the "long decade" made fear a political and legal force, challenged national constitutional orders, altered fundamental assumptions about the rule of law, and ultimately raised questions about how democracy and human rights can cope with competing security pressures, while considering the complex process of crafting anti-terrorism measures.


Contributors and Editors
Chapter 1
The Long Decade
David Jenkins
Part I: Fear and the Security Agenda
Chapter 2
Security and Liberty: Critiques of the Tradeoff Thesis
Adrian Vermeule
Chapter 3
Security vs. Liberty: On Emotions and Cognition
Oren Gross
Chapter 4
Preventing What? Post-9/11 Mission Amnesia and Mission Creep
Kent Roach
Part II: Terrorism in a Borderless World
Chapter 5
The War on Terrorism and International Law: Towards a Continental Divide
Amnon Lev
Chapter 6
A European Security Constitution?
Kaarlo Tuori
Chapter 7
Counter-Terrorism's Engagement with Transnational Legality
Victor V. Ramraj
Part III: Constitutions under Stress
Chapter 8
Legal and Political Constitutionalism, and the Response to Terrorism
Mark Tushnet
Chapter 9
Guantanamo Bay, the Rise of the Courts and the Revenge of Politics
Fiona de Londras
Chapter 10
Citizenship and the Limits of Due Process since 9/11
David Jenkins
Part IV: Risk Prevention
Chapter 11
'Protect' Against Terrorism: In Service of the State, the Corporation, or the Citizen?
Clive Walker
Chapter 12
The Influence of 9/11 on Swedish Anti-Terrorism Policy and Measures
Iain Cameron
Part V: Democratic Accountability, Human Rights, and the Rule of Law
Chapter 13
Terrorist Threats and Judicial Deference
Jens Elo Rytter
Chapter 14
Open Secrets in U.S. Counter-Terrorism Policy
Amy Jacobsen
Chapter 15
Views from Mars, Views from Venus: Minding the Gap between What We Say and What We Do on Terrorism
Gabor Rona
Human Rights and Counter-Terrorism: Lessons from a Long Decade
Martin Scheinin

About the author: 

David Jenkins is an Associate Professor of Comparative Constitutional Law at the University of Copenhagen School of Law. His area of specialization is comparative constitutional law, with a focus on security issues. He is an attorney-at-law in the United States, earning his J.D. from Washington and Lee University School of Law and his research doctorate through the McGill University Institute of Comparative Law. Amanda Jacobsen is a Research Fellow at the University of Copenhagen. Her areas of specialization are international human rights law and U.S. Constitutional law, and her specific research interests are information access and national security laws. She is licensed to practice law in the United States and earned her J.D. from Duke University. As a practicing attorney, she is habeas counsel for a former-CIA and current Guantanamo prisoner.; Anders Henriksen is an Associate Professor of International Law and Director of the Centre for International Law and Justice at the University of Copenhagen School of Law. Professor Henriksen specializes in international law, while focusing on the regulation of interstate use of force and the laws of war. He has previously worked for the Danish Institute for Military Studies.

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