It was probably inevitable from the moment the two aeroplanes struck the Twin Towers a decade ago that the world was about to face a period in which the competing interests of security and liberty – two issues that go to the heart of the law’s role in society – would come into prolonged conflict. The former of these interests was dominant in the five years after the attacks as the US and UK pushed on with a legally controversial conflict and ushered in a series of aggressive anti-terrorism measures. In the process, the US often sought to recast terrorism in legal terms applied to war rather than criminal procedures.
This tough stance was also evident towards the end of Tony Blair’s administration, as he completed his strange journey from liberal lawyer to authoritarian hard-liner. This path culminated in a self-destructive attempt in 2005 to extend the maximum detention period without change of suspected terrorists to 90 days, which was soundly defeated.
