A Tale of Two States: Rule of Law in the Age of Terrorism

4 Pages Posted: 16 Nov 2015

See all articles by Giovanna De Minico

Giovanna De Minico

University of Naples, Federico II. Law Department

Date Written: November 2, 2015

Abstract

The European counter terrorism laws offer to the author the chance to deal with on one side the appropriate balance between the threat of terrorism and constitutional values; on the other side the exam of the main “laws of fear”.

The survey reveals that the surveillance measures are able to pass the constitutionality test, since the parameters of precautionality and proportionality have not been taken into account.

In the conclusion, the Author suggests a new model of international law of fear compatible with the rule of law.

Keywords: Law; Terrorism

Suggested Citation

De Minico, Giovanna, A Tale of Two States: Rule of Law in the Age of Terrorism (November 2, 2015). Available at SSRN: https://ssrn.com/abstract=2685142 or http://dx.doi.org/10.2139/ssrn.2685142

Giovanna De Minico (Contact Author)

University of Naples, Federico II. Law Department ( email )

Via Nuova Marina, 33
Naples, Naples 80100
Italy

HOME PAGE: http://https://www.docenti.unina.it/giovanna.de%20minico

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