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3 results

  • 10 - Reestablishing the Rule of Law as National Security

  • from Part III - The Future Imagined
  • Edited by Karen J. Greenberg, Fordham University, New York
  • Book:
    Reimagining the National Security State
    Published online:
    25 October 2019
    Print publication:
    07 November 2019, pp 154-168

  • Summary

    Mary Ellen O'Connell explores how America’s identify has been linked to its respect for the rule of law and how that relationship has been challenged, particulary since the end of the Cold War. She argues that law is considered sovereign in the United States. The American identity is based on a view of America where DNA is law–national and international. Accordingly, the definition of American security rests upon securing the rule of law. This fundamental principle has been challenged at various points in US history but perhaps never as much as in recent times, beginning with the end of the Cold War. Without an opponent embracing authoritarian rule to reflect against, the post–Cold War confidence in military power overwhelmed the commitment to law. Weakened for a decade, the high commitment to law essentially collapsed on 9/11. It has yet to be regained. With the presidency of Donald Trump, the rise of China, the existential threat of climate change, and other factors, now is the moment to reestablish the place of law as the purpose of US national security.

Reimagining the National Security State
  • Liberalism on the Brink
  • Edited by Karen J. Greenberg
  • Published online:
    25 October 2019
    Print publication:
    07 November 2019
  • Reimagining the National Security State provides the first comprehensive picture of the toll that US government policies took on civil liberties, human rights, and the rule of law in the name of the war on terror. Looking through the lenses of theory, history, law, and policy, the essays in this volume illuminate the ways in which liberal democracy suffered at the hands of policymakers in the name of national security. The contributors, who are leading experts and practitioners in fields ranging from political theory to evolutionary biology, discuss the vast expansion of executive powers, the excessive reliance secrecy, and the exploration of questionable legal territory in matters of detention, criminal justice, targeted killings, and warfare. This book gives the reader an eye-opening window onto the historical precedents and lasting impact the security state has had on civil liberties, human rights and, the rule of law in the name of the war on terror.