Protecting Constitutionalism in Treacherous Times: Why 'Rights' Don't Matter

Research output: Working paper

Abstract

Common lawyers have focused too much on rights talk and especially on constitutionally entrenched Bills of Rights in critiquing Anti-Terrorism legislation enacted by democratic common law countries since September 11, 2001. This paper illustrates the ways in which rights talk acts as a distraction from fundamental principles of legality when Anti-Terrorism laws are considered, arguing that embedded rights play three roles antithetical to sustaining governance in accordance with fundamental principles of legality: the roles of paper tiger, Trojan horse, and narcotic.

Original languageUndefined/Unknown
Publication statusPublished - Jan 1 2007

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