We need a deeper understanding of the long-term political and social consequences of counterterrorism policies in democracies. Professor Edelstein is correct that extraordinary measures are often adopted in haste and without much public discussion and remain law long after the crisis has passed. In fact, governments may use a crisis to press for changes in the law that publics, courts and parliaments had previously resisted (a decision-making pattern of "solutions in search of problems"). No governments started from scratch on 9/11. They built on a long history of legislation and regulation in the terrorism arena.

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