Abstract
In his recent book,Not a Suicide Pact: The Constitution in a Time of National Emergency, Richard Posner discusses one of the most urgent and difficult questions of current public law: How should the acute threats posed by terrorism be dealt with? This question touches various issues in constitutional law, administrative law as well as criminal law, and Posner impressively addresses many of them. Most of his account is well-balanced and highly convincing. Guided by liberal ideas and a commitment to human rights, Posner urges necessary and unexaggerated flexibility in light of a major threat. Yet regarding some issues, most notably the issue of torture in interrogation, we find it hard to agree with his analysis and conclusions. This Article focuses on those issues.
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