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  • International Journal of Law in Context, Volume 7, Issue 4
  • December 2011, pp. 467-486

The uneasy relationship between national security and personal freedom: New Zealand and the ‘War on Terror’

  • David Small (a1)
  • DOI:
  • Published online: 11 November 2011

As part of the ‘War on Terror’ declared in response to the 11 September 2001 attacks, countries introduced legislation to bolster national security, often at the expense of personal freedoms and long-established legal principles. Like the Cold War, the ‘War on Terror’ is cast as a global struggle of good against evil. New Zealand defied Cold War logic with its anti-nuclear policy. Examining the difficulties of upholding personal freedoms and the rule of law while bolstering national security, this article analyses New Zealand's anti-terrorism legislation and shows that it has steadily moved away from its initial measured approach. It argues that New Zealand could and should develop an anti-terrorism model appropriate to low-risk societies, and that, like its anti-nuclear stance during the Cold War, such an independent approach would be a valuable contribution to the world community.

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F. de Londras and F. F Davis . (2010) ‘Controlling the Executive in Times of Terrorism: Competing Perspectives on Effective Oversight Mechanisms’, Oxford Journal of Legal Studies 30(1): 1947.

C Gearty . (2008) ‘The Superpatriotic Fervour of the Moment’, Oxford Journal of Legal Studies 28(1): 183200.

J Hocking . (2003) ‘Counter-Terrorism and the Criminalisation of Politics: Australia's new Security Powers of Detention, Proscription and Control’, Australian Journal of Politics and History 49: 355–71.

J. M Sorel . (2003) ‘Some Questions About the Definition of Terrorism and the Fight against its Financing’, European Journal of International Law 14: 366–71.

J Waldron . (2003) ‘Security and Liberty: The Image of Balance’, Journal of Political Philosophy 11(2): 191210.

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International Journal of Law in Context
  • ISSN: 1744-5523
  • EISSN: 1744-5531
  • URL: /core/journals/international-journal-of-law-in-context
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