Amsterdam Law Forum (Aug 2011)
Preventive empires: Security dynamics at multiple levels of governance
Abstract
<p>Shifts in the security paradigm evolve from deeper societal transformations, and are addressed in national and international security strategies. The re-framing of security strategies rests on the notion of <em>prevention</em>, with features such as <em>risk-assessment</em>, <em>pre-emption</em>, and <em>pro-active</em> monitoring of conduct. This <em>precautionary principle</em> prevails in all levels of security governance. However, this raises several philosophical, legal and political questions, such as the reliability of early indicators and the upholding of the classic presumption of innocence. This article discusses the contractual relationship between the state and its citizens and identifies some governance issues that require legal and political rebalancing. <strong></strong></p>