Professional Documents
Culture Documents
Contentions B
Issues C
Production of Orders D
Internet Shutdown F
Conclusion I
A. INTRODUCTION
It was the best of times, it was the worst of times,
it was the age of wisdom, it was the age of foolishness,
it was the epoch of belief, it was the epoch of incredulity,
it was the season of Light, it was the season of Darkness,
it was the spring of hope, it was the winter of despair,
we had everything before us, we had nothing before us,
we were all going direct to Heaven, we were all going direct the other way-
in short, the period was so far like the present period, that some of its
noisiest authorities insisted on its being received, for good or for evil, in the
superlative degree of comparison only.
-Charles Dickens in A Tale of Two Cities
1 Lon L. Fuller, Positivism and Fidelity to Law: A Reply to Professor Hart, The Harvard
Law Review, 71(4), 630, 651 [February, 1958].
2 Vinton G. Cerf, Internet Access is not a Human Right, The New York Times (January
04, 2012).
3 Gregory S. McNeal, Cyber Embargo: Countering the Internet Jihad, 39 Case W. Res.
J. Int'l L. 789 (2007).
4 Susan W. Brenner, Why the Law Enforcement Model is a Problematic Strategy for
Dealing with Terrorist Activity Online, 99 Am. Soc'y Int'l. L. Proc. 108 (2005).
5 Senate Judiciary Committee Hearing on Anti-Terrorism Policy, 106th Cong. (Dec. 6,
2001) (testimony of Attorney General John Ashcroft)
6 Ackerman, Bruce, "The Emergency Constitution", Faculty Scholarship Series, 113
(2004).
7 Lucia Zedner, Securing Liberty in the Face of Terror: Reflections from Criminal
Justice, (2005) 32 Journal of Law and Society 510.
8 Ronald Dworkin, "Rights as Trumps" in Jeremy Waldron (ed.), Theories of Rights
(1984) 153 (hereinafter Dworkin, "Rights as is trumps").
9 R. Alexy, A Theory of Constitutional Rights (Oxford, Oxford University Press, 2002).
10 Ibid at page 47.
11 Ibid, page 50.
12 Ibid, page 66.
13 Kai Moller, The Global Model of Constitutional Rights (Oxford, Oxford University
Press, 2012).
14 Kai Moller, Constructing the Proportionality Test: An Emerging Global Conversation,
Reasoning Rights Comparative Judicial Engagement (Hart Publishing, 2014).