Emergency by Design: Counterterrorism Law and the Normalisation of Exception in France and the UK

This chapter explores how counterterrorism law has evolved from a temporary, exceptional response into a normalised feature of contemporary governance. Focusing on the United Kingdom and France, it examines how the persistent framing of terrorism as a perpetual and existential threat has enabled states to institutionalise extraordinary powers within ordinary legal systems. Through detailed legal and political analysis, the chapter argues that this shift has recalibrated the relationship between citizen and state, embedding emergency logic into routine governance. It begins by unpacking the definitional ambiguity of terrorism, showing how its fluidity allows for broad and often politically motivated applications. The chapter then turns to the concept of the ‘state of exception’, drawing on theoretical and comparative perspectives to illustrate how exceptional powers, once justified by urgency, are now entrenched in law. Using the UK and France as case studies, it tracks the legislative and operational shifts that have codified emergency powers, often with limited oversight. The result is a governing model marked by pre-emptive policing, expansive executive discretion, and diminished civil liberties. Ultimately, the chapter warns that the normalisation of emergency erodes democratic principles, undermining the legal safeguards designed to protect the citizen from the unchecked power of the state.