1st Edition

Civil Rights and Security

Edited By David Dyzenhaus Copyright 2009

    This collection of previously published work on security and rights focuses on the appropriate relationship between rights and what we can think of as counterterrorism policy. Such a focus might seem both necessary, because of 9/11, and unfortunate, because there are other causes of insecurity besides terrorism. However, the intensity of the 'war on terror' has created an ongoing surge of scholarship on the relationship between security and human rights that either has indirect implications for debates about security where terrorism is not in issue, or has directly led to an attempt to rethink more generally the idea of security and its relationship to rights.

    Contents: Introduction; Part I The Image of Balance: Security and liberty: the image of balance, Jeremy Waldron; Emergencies, tradeoffs, and deference, Eric A. Posner and Adrian Vermeule. Part II Institutional Models: The Emergency Constitution: This is not a war, Bruce Ackerman; The priority of morality: the emergency constitution's blind spot, David Cole; Weak Constitutionalism: Minimalism at war, Cass R. Sunstein; Strong Constitutionalism: Securing liberty in the face of terror: reflections from criminal justice, Lucia Zedner; Must we trade rights for security? The choice between smart, harsh, or proportionate security strategies in Canada and Britain, Kent Roach; Keeping control of terrorists without losing control of constitutionalism, Clive Walker; Equality in the war on terror, Neal Katyal. Part III Civilizing Security?: World citizens between freedom and security, Klaus Günther; The cultural lives of security and rights, Ian Loader and Neil Walker; Name Index.


    David Dyzenhaus, Professor of Law and Philosophy, Faculty of Law, University of Toronto, Canada.

    '...the book makes available many of the key writings in this field, it is to be warmly welcomed.' Commonwealth Lawyer '...this is a most important book. It brings to the table some of the greatest thinkers on the subject of civil rights and security.' The Criminal Lawyer