Law Reform as a Response to Terrorist Threats

Abstract

This article sets out guidelines for law reform processes to account for the challenges that terrorism may pose to the rule of law and democracy. As a response to terrorism, an increase in reforms of laws and administrative measures has been seen across jurisdictions. The substantive offenses themselves have been criticized, but as of yet, the theoretical issues that may arise during processes of reform have not been considered. However, law reform as a direct and immediate response to such events may curtail the rule of law and democracy: there may be inadequate time for debate in the legislature regarding proposed measures, or the debate may be centered on arguments based on fear and hate toward perpetrators. This article argues that this may curtail individual autonomy of citizens and truncate democracy. It sets out guidelines for how processes of law reform may treat people as capable of self-moderation.