ABSTRACT

This chapter aims to show that the relation between terror and law is not a simple question that merely relates violence to law, but is connected to the very process of constitution-making. It shows that intelligence-gathering occupies is the fulcrum on which reasons of State stand. Terror implies uncertainty that has the capacity to scare, while ‘law’ reminds us of the principle of responsibility, which is at the heart of constitutionalism. In order to exclude some entities from the rule of law, the colonial state depended on making ‘responsibility’ the cornerstone of legislating exercise.