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Article
Democracy on Trial: Terrorism, Crime, and National Security Policy in a Post 9-11 World
Golden Gate Law Review (2008)
  • David A Schultz, Hamline University
Abstract
Post 9-11 concerns in the United States, among the European Union (EU) members, and other western democracies regarding international terrorism forced convergence of the traditionally distinct policy areas of domestic criminal justice and national security. This convergence has produced several policy and institutional conflicts that pit individual rights against homeland security, domestic law and institutions against international norms and tribunals, and criminal justice agencies against national security organizations. This Article examines regime responses to international terrorism, principally in the United States, in comparison to the European Union, seeking to describe the consequences of the merger of criminal justice norms with national security imperatives. The claim will be that the collapse of criminal justice into national security norms has manifested numerous contradictions that pose perhaps even more significant challenges to Western European and North American style democracies than does international terrorism. The conclusion is that while recognizing that 9-11 was a tragedy, the response to these events has been even more tragic, especially in light of threats to individual and civil rights, international law, and democratic processes in general. The convergence of national security or intelligence gathering with criminal justice in the name of homeland security and the war on terror has resulted in a war on civil liberties that has under minded responses to terrorism and threatened democracy and individual rights.
Keywords
  • war on terrorism,
  • 9/11,
  • civil liberties,
  • George Bush,
  • Patriot Act,
  • Torture,
  • Supreme Court,
  • Office of Legal Counsel
Disciplines
Publication Date
2008
Citation Information
David A Schultz. "Democracy on Trial: Terrorism, Crime, and National Security Policy in a Post 9-11 World" Golden Gate Law Review Vol. 38 (2008)
Available at: http://works.bepress.com/david_schultz/11/