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The criminal response to the terrorist phenomenon. Critical paradigms for the Rule of Law
The criminal response to the terrorist phenomenon. Critical paradigms for the Rule of Law

Author(s): Di Giuseppe Diego, Francescadiletta Bortone
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: Terrorism; Rule of Law; emergency; State of exception; criminal Law of the enemy;

Summary/Abstract: In this article we try to analyze various aspects relating to the topic of terrorism. We start by exploring the old form of terrorism, up to its modern form, transition within which some issues of particular relevance are highlighted: the evanescence of the subjects and targets involved with terrorist attacks; the transformation and extension of the object of interest to terrorism; the admixture between the political and religious nature of the attacks. In the same way, we try to show the change in the architecture of terrorist organizations. This global evolution of the phenomenon leads to feelings of insecurity and emergency on which new paradigms of power of the State and Law are founded. On that basis we focus on the possible collapse of the Rule of law which, with the justification to wage a war on terror and respond to the new security emergencies, turns into a State of Exception and Penal State, punitive and repressive, compressing the guaranteed legal and inalienable rights of each human being.

  • Issue Year: 2018
  • Issue No: 02
  • Page Range: 69-92
  • Page Count: 24
  • Language: English