L’état d’urgence: une (non)normalisation légitime?

The ‘état d’urgence’: a lawful (non)normalization?

Abstract

The measures adopted in the context of contemporary democracies in the fight against international terrorism, especially after September 11, 2001, potentially constitute a threat to the rule of law. The article reflects on the measures taken to maintain the security of the state while respecting the dignity and the right of defense of every individual. In particular, we recall theexperience of the United States, Germany, United Kingdom, and Canada. Also, the case of Israel is of interest, as Israeli’s Courts have consistently held that the fight against terrorism must always respect the principle of legality and the State can never use this end methods or tools of the terror that the state itself wants to win.

terrorism, rule of law, security, United States, Germany