Law, Terrorism, and Social Movements: The Tension between Politics and Security in Germany's Anti-Terrorism Legislation

Authors

• Shawn Boyne, University of Wisconsin

Abstract

The article explores Germany's approach to combating terrorism from the late 1960s to the 1980s, emphasizing the interplay between security measures and civil liberties. It argues that political power struggles, rather than the terrorist threat itself, often drove antiterrorism legislation. The analysis highlights how laws such as the Berufsverbot and criminal code revisions were used to suppress dissent, leading to public backlash and eventual reforms. In contrast to the U.S., which framed its post-9/11 response as war, Germany maintained judicial oversight and avoided suspending constitutional rights. Public opinion played a pivotal role in shaping these policies, ultimately fostering a stronger commitment to civil liberties and constitutional patriotism.

Disciplines

Animal Law | Comparative and Foreign Law | Criminal Law | Criminal Procedure | Law | Law and Politics | Law and Society | Legislation

Recommended Citation

Shawn Boyne, Law, Terrorism, and Social Movements: The Tension between Politics and Security in Germany's Anti-Terrorism Legislation, 12 Cardozo J. Int'l & Comp. L. 41 (2004).
Available at: https://larc.cardozo.yu.edu/cjicl/vol12/iss1/4