1.

Record Nr.

UNINA9910777778803321

Autore

Ackerman Bruce A

Titolo

Before the next attack [[electronic resource] ] : preserving civil liberties in an age of terrorism / / Bruce Ackerman

Pubbl/distr/stampa

New Haven, : Yale University Press, c2006

ISBN

1-281-74063-2

9786611740634

0-300-12703-0

Descrizione fisica

1 online resource (240 p.)

Disciplina

342.73/062

Soggetti

Terrorism - United States

War and emergency legislation - United States

Terrorism - Prevention - Law and legislation - United States

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Bibliographic Level Mode of Issuance: Monograph

Nota di bibliografia

Includes bibliographical references and index.

Nota di contenuto

This is not a war -- This is not a crime -- This is an emergency -- The political constitution -- The role of judges -- American exceptionalism -- If Washington blows up? -- The morning after.

Sommario/riassunto

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 of nations



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.