Balancing national security and human rights: Assessing the legal response of common law nations to the threat of terrorism

Abstract

In this article the authors address the impact which post-September 11 counter-terrorist legislation has had on human rights and civil liberties in a number of common law jurisdictions. The authors conclude that the counter-terrorist legislative regimes in the countries discussed in the article do impinge significantly upon human rights, and argue in favour of a ‘balancing approach’ towards reconciling such legislation with domestic, regional and international human rights obligations. The authors conclude with some general guidance for legal and policy decision-makers on how to balance the (frequently opposed) interests of national security and human rights protection.