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freedom in the war against terrrorism « Previous | |Next »
April 4, 2007

George Bush, Tony Blair and John Howard have made the 'war against terrorism' into a powerful political weapon. Theirs is a war without end against shifting terrorist groups, states of emergency, repressive laws that promise greater security and sacrificing rights to wage the war against terrorism. Writing in the London Review of Books Bruce Ackerman says, in response to the above scenario, that:

To avoid a repeated cycle of repression, defenders of freedom must consider a more hard-headed doctrine, one that allows short-term emergency measures, but draws the line against permanent restrictions. Above all else, we must prevent politicians from exploiting momentary panic to impose long-lasting limitations on liberty. Designing a constitutional regime for a limited state of emergency is a tricky business. Unless careful precautions are taken, emergency measures have a habit of continuing well beyond their necessity. And governments shouldn't be permitted to run wild even during the emergency - many extreme measures should remain off-limits. Nevertheless, the self-conscious design of an emergency regime may well be the best available defence against a panic-driven cycle of permanent destruction.

He suggests that the The overriding aim should be to enact a statute that not only contains tight temporal limits but requires increasing legislative supermajorities for further extensions.

| Posted by Gary Sauer-Thompson at 6:27 PM | | Comments (3)
Comments

Comments

He is wrong. I can point to Bangladesh as why that is so.

Cam,
I'm not sure what your argument is. Ackerman is arguing against those who respond to the cylce of terror, repression, terror repression in terms of:

with an absolutist defence of traditional freedom: no matter how large the event, no matter how great the ensuing panic, we must insist on the strict protection of all rights all the time. I respect this view but do not share it. No democratic government can maintain popular support without acting effectively to calm panic and trying to prevent future terrorist strikes. If pedantic respect for civil liberties requires government paralysis, no serious politician will hesitate before sacrificing rights to the war against terrorism. He will only gain popular applause by brushing civil libertarian objections aside as quixotic.

So we have a temporary state of emergency---just like the Romans.

That puts limits on the Presidential or executive grab for power by the conservatives under the guise of an endless war on terror.

So how is Ackerman wrong?

Gary, Except the executive will find new unconstitutional ways to do it. Bangladesh went into it through a ceremonial president ignoring constitutionalism. Madagascar is currently having a referendum to add more powers to a ceremonial president in times of emergency despite already having constitutional inclusion for presidential powers in a state of emergency. In the end it will become constitutional dictatorship. Emergency governance is incompatible with liberal democracy and republicanism. It must be treated IMO as tyranny, and consequently criminal.

Even local government in Washington DC is constantly proclaiming new temporary emergencies, even if it is only a crime wave. They already have legislative limits on how those emergencies can be conducted and what can be done in them, but it doesn't matter, it is being used a permanent form of governance anyway.

We just have to say no. The current forms of government, whether parliamentary or presidential, give enough power and means for the executive and legislative to provide solutions. The slower rate is intended to make for deliberative policies, which is another which gets trashed under state of emergency (witness the Howard Government's defence procurements which have been adhoc).