The day after September 11, 2001 brought the security schizophrenia of the “community of fear” that has justified the primacy of securitarianism as a way of preventing and repressing “macrocriminality, in particular the “new” international terrorism. In a Constitutional Order of freedom, neither international terrorism nor the (re)interpretation of security are a pretext for an excessive compression of fundamental personal rights and freedoms, undermining the humanist heritage of demoliberal legal systems. We defend that the legitimate and valid reaction to a terrorist attack must be constitutionally founded, subordinated to a Criminal Law not functionalized to security and built from the value of Human Dignity, the ultimate criterion of legitimacy of all political power.
Leonel Horta Duarte Ribeiro (Author)
Department of Law