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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