Compromising constitutionalism in the name of terrorism : a general discourse from a human rights perspective

This paper examines whether it is acceptable to restrict human rights in the name of combating terrorism. No doubt, terrorism is engulfing more and more regions and concerted international efforts along with domestic measures are necessary to combat the problem. The paper argues that despite the manifold problems that terrorism may cause the curtailing of human rights in the form of emergency measures ultimately may be counterproductive. This is because constraints on the rule of law may ineluctably lead to the emergence of permanent Soviet type police states. Given the wide use and abuse of anti-terror laws worldwide, this paper suggests the development of a rigorous international standard to deal with emergency powers impacting on human rights so that terrorism can never disrupt collective international wisdom in regards to protection of human rights. It, thus, argues for the need to build up institutions and adopt norms of the rule of law to prevent future abuses. Compromising with liberal democratic values may amount to handing over the victory to the terrorists.