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Recent developments, such as the Thomas case, have led some theorists to comment that “the elastic of the defence power has become stretched all out of proportion”. In its present interpretation, the defence power is no longer simply fixed on an external aggressor. Instead, the enemy is disguised domestically. It no longer depends upon judicial notice, or requires an expression of proportionality “in a context where the fact of war or piece is important”. However, the reasoning behind this breed of jurisprudence is hard to decipher. The balance between liberty and safety seems to be somewhat askew...
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