Counterterrorist Legislation and Respect for Civil Liberties: An Inevitable Collision?

The literature on counterterrorist measures often emphasizes the potential harmful effects of such measures on human rights and civil liberties. While recent research has examined the effects of counterterrorist legislation on the violation of physical integrity rights (e.g., torture and extrajudicial killings), no quantitative cross-national study has looked at the consequences for civil liberties. Still, case studies in a variety of countries suggest that counterterrorist legislation indeed leads to various infringements of liberties such as the freedoms of expression, religion, assembly, and movement. We conduct a cross-national time series analysis of counterterrorist legislation and consequent repression of civil liberties for the years 1976–2009. We find that the effects of legislation vary by levels of initial repression. Legislation has a negative effect on respect for civil liberties in countries with moderate levels of repression. However, this effect diminishes in non-repressive countries and reverses in countries with high levels of repression.