Before the Next Attack: Emergency Powers in an Age of Terrorism - Tapa dura

Bruce Ackerman has addressed what may be the biggest issue facing us in reconciling democracy, human rights, and national security in an age of terrorism: how to adjust to the next big attack. His focus on the politics of grave emergencies is essential reading; his recommendations are creative and surprising. Philip Heymann, James Barr Ames Professor of Law, Harvard University and former U.S. Deputy Attorney General --Philip Heymann"

Terrorist attacks regularly trigger the enactment of repressive laws, setting in motion a vicious cycle that threatens to devastate civil liberties over the twenty-first century. In this clear-sighted book, Bruce Ackerman peers into the future and presents an intuitive, practical alternative. He proposes an 'emergency constitution' that enables government to take extraordinary actions to prevent a second strike in the short run while prohibiting permanent measures that destroy our freedom over the longer run. Ackerman's 'emergency constitution' exposes the dangers lurking behind the popular notion that we are fighting a "war" on terror. He criticizes court opinions that have adopted the war framework, showing how they uncritically accept extreme presidential claims to sweeping powers. Instead of expanding the authority of the commander-in-chief, the courts should encourage new forms of checks and balances that allow for decisive, but carefully controlled, presidential action during emergencies. In making his case, Ackerman explores emergency provisions in constitutions ranging from France to South Africa, retaining aspects that work and adapting others. He shows that no country today is well equipped to both fend off terrorists and preserve fundamental liberties, drawing particular attention to recent British reactions to terrorist attacks. Written for thoughtful citizens throughout the world, this book is democracy's constitutional reply to political excess in the sinister era of terrorism.