The proportionality principle in the context of anti-terrorism laws: an inquiry into the boundaries between human rights law and public policy

A key question in the political and academic discourse on the legislative response to the threat of international terrorism has been the question of proportionality. While some have argued that the laws enacted to counter terrorism strike the right balance between national security imperatives and concerns for civil liberties and human rights, others have regarded them as disproportionate and as an overreaction. What both sides have in common, however, is that they generally approach the question of proportionality without examining the nature and quality of the terrorist threat and by accepting the executive’s assertion that the threat may warrant a range of comprehensive counter-measures.