ABSTRACT

Some functions of government are universal. They are so important to the basic cohesion of a society that they are common across different time periods, systems and geographic locations. One such group of responsibilities involves providing swift and coordinated

responses to pressing threats. It extends also into preparing for such dangers and seeking to avert them. Individuals and agencies operating in this area often possess greater than usual powers and freedoms of action. This pattern reflects practical necessity. Extraordinary dangers and high stakes imply a need for, and justify the use of, more than normal countermeasures. Yet this logic is vulnerable to abuse, or at least the perception of unreasonable exploitation. Those in possession of authority may behave in a fashion more arbitrary than circumstances strictly require.1 Indeed, the use or exploitation of extraordinary authorities can contribute to the destruction of the very political system they are intended to protect.2