The other legacy
Résumé
The 9/11 attacks triggered a new practice of and renewed interest in emergency
powers. Without doubt, the United States were at the forefront of the enhanced
exercise of such powers: not only did the Patriot Act of 2001 soon come to epitomize
the frame if not the substance of governments’ response to the terrorist threat, it
also immediately redefined the demarcating line between norm and exception.
Vice-president Cheney’s words at the time left no ambiguity: “Homeland security is
not a temporary measure just to meet one crisis. Many of the steps we have now
been forced to take will become permanent in American life […]. I think of it as the
new normalcy”. Since then, the US response to terrorism has come to be seen as
having led to a new era of ‘permanent global state[s] of emergency’ (Scheppele, p.
354), This has indeed transformed not only the texture of domestic law and policy in
numerous countries but indeed, of international law (Vedaschi & Scheppele). In their
2004 study of the features of governments’ responses to situations of crisis, John
Ferejohn and Pasquale Pasquino even identified the global increased reliance on
emergency powers as a “new model” of government (2004, p. 210, p. 216).
Domaines
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