Law is Everywhere
Posted: 10 Sep 2011
Date Written: 2007
Abstract
War places great stress on society. It calls for major readjustments in government and in ordinary life. Often people are called on to make enormous sacrifices. In order to respond to these needs, codified law is often changed. The Executive promulgates new regulations and Congress enacts statutes to meet the exigencies of the war. The governing assumption of American society is that these war measures will be undertaken within the terms of the Constitution - that the allocation of powers among the branches set forth in the Constitution will be respected and basic liberties will be honored. Ours is a Constitution for times of war as well as times of peace.
The last five years have confounded this assumption and rendered the example of Justice Aharon Barak especially compelling. He has honored the special security needs of Israel while being adamant in protecting Israel’s democratic character. The contrast with the American experience is stark, even when a principle as sacrosanct as the prohibition against torture is at stake. The war against terrorism seems to have absolved the current Administration from any sense of limits.
Keywords: War on Terror, constitutional law, prohibition of torture, Aharon Barak
JEL Classification: K30
Suggested Citation: Suggested Citation