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48 Colum. J. Transnat'l L. 442 (2009-2010)
Sunset Clauses and Democratic Deliberation: Assessing the Significance of Sunset Provisions in Antiterrorism Legislation

handle is hein.journals/cjtl48 and id is 448 raw text is: Sunset Clauses and Democratic Deliberation: Assessing the Significance of Sunset Provisions in Antiterrorism Legislation JOHN E. FINN* Sunset clauses are a common feature of post 9/11 counterterrorism legislation in western democracies. In this article, I consider the functions and efficacy of these provisions by concentrating on their use in afew notable cases, mainly the United States, Canada, the United Kingdom and India. One way to measure the success of sunsets is to con- sider whether and how often they actually lead to the expiration or nonrenewal of the statutory provisions to which they are attached. I argue that the utility of sunset clauses should be measured first against the claim that they are an important safeguard against unwise or illiberal legislation, and second as an effec- tive mechanism for promoting democratic deliberation in policy environments governed by panic, fear and an overwhelming sense of urgency. IN TRO D U CTIO N ................................................................................. 443 1. THE LOGIC OF SUNSETS AND STATUTORY DESIGN ................. 445 A. Sunset Clauses in Antiterrorism Legislation ................. 450 1. Informational Advantages of Sunset Clauses in Em ergency Legislation ............................................. 451 2. Distributive Advantages of Sunset Clauses in Em ergency Legislation ............................................. 454 3. Deliberative Advantages of Sunset Clauses in Em ergency Legislation ............................................. 456 * Professor of Government, Wesleyan University. PhD. Princeton University; J.D. Georgetown University School of Law; B.A. Nasson College.

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