Law and Democracy between Security and Liberty. Debating Counter-Terrorism Law in the UK 1972-2005

The present project aims to shed new light on the interpretation of law and democracy in 'times of emergencies' by analysing public debates on counter-terrorism legislation. The increasing focus on the threat of global terrorism, particularly after the Se ptember 11 attacks, has led to the introduction of controversial counter-terrorism legislation both in the United Kingdom and elsewhere. The matter of counter-terrorism legislation is currently turning into one of the most significant and divisive issues in democratic political discourse. After the September 11 attacks, politicians have stressed the uniqueness of the situation; the current security threat is portrayed as of a different nature from anything the world have faced before. The use of special legal measures to counter this threat is, however, by no means new. Due to the conflict in Northern Ireland, the UK has extensive previous experience with the use of counter-terrorist legislation and this makes possible a historical comparison between tw o different 'periods of emergency'. The project will compare two debates on counter-terrorist legislation in the United Kingdom, concerning the Prevention of Terrorism Act from 1974 and the Anti-Terrorism, Crime and Security Act of 2001. At the core of this project lies the basic argument that the debates on counter-terrorism legislation have involved conflicting interpretations of the relationship between law and democracy: Some strongly defended the legislation as a legitimate means of protecting the security of the large majority, whilst others claimed that it violated the human rights of stigmatized minorities. Hence; while the supporters saw the counter-terrorism legislation as a way to save democracy, the opponents viewed it as a threat to democra cy. On this background, the present project will explore the following question: How is the relationship between law and democracy interpreted in the public debate in 'times of emergency'?