ABSTRACT

There are several distinguishing features of the American response to the 9/11 attacks that should be considered in evaluating subsequent U.S. governmental encroachments on the rule of law. These contextual elements suggest that the natural urge to compare this American pattern with the counter-terrorist practices of other countries must proceed with caution, but the effort should certainly not be abandoned. The specificities of the American situation are notable and relevant. These distinctive elements help us understand somewhat better the approach chosen by the Bush administration after 9/11, which, if detached from this context, remains virtually incomprehensible from a counter-terrorist perspective.