Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order’s approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency.
The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

1 Introduction
I. Human Rights and Terrorism
II. Object and Purpose
III. Selection of Human Rights Instruments
IV. Preliminary Conclusions
V. Structure and Methodology
2 The Limitation of Rights under the European Convention and the US Constitution
I. Introduction
II. Balancing and Categorical Methods of Limitation
III. The Limitation of Rights under the European Convention
IV. The Limitation of Rights under the US Constitution
V. Conclusion
3 The Right to Freedom of Expression
I. Introduction
II. The Right to Freedom of Expression: Basic Notions
III. Terrorism as Expressive Conduct
IV. Terrorism-Related Speech
V. Terrorism and the Media
VI. General Conclusion
4 The Right to Freedom of Association
I. Introduction
II. The Right to Freedom of Association: Basic Notions
III. Counter-Terrorism and the Right to Freedom of Association
IV. General Conclusion
5 The Right to Personal Liberty
I. Introduction
II. The Right to Personal Liberty: Basic Notions
III. The Right to Liberty and Counter-Terrorism Measures
IV. Deprivation of Liberty in War and Emergency Situations
V. General Conclusion
6. The Right to Privacy
I. Introduction
II. The Right to Privacy: Basic Notions
III. The Right to Privacy and Counter-Terrorism Measures
IV. General Conclusion
7 The Right to a Fair Trial
I. Introduction
II. The Right to a Fair Trial: Basic Notions
III. The Right to a Fair Trial and Counter-Terrorism Measures
IV. Limitations of the Right to a Fair Trial in War and Emergency Situations
V. General Conclusion
8 Conclusion