Writing against the subjugation of women in 1869, John Stuart Mill wrote that "laws and institutions require to be adapted, not to good men, but to bad."1 You cannot justify an institution on the basis that good men will not abuse it. So too with times: laws and institutions need to be adapted not to good times, but to bad. It may be relatively easy to agree on what the laws should be in times of ease and peace—in the good times. When the times are bad, it is more difficult.

And we have had since 9/11 plenty of bad times.

How have we approached them? How have we adapted our laws and institutions to the bad times? And in doing so, what are the constitutional and international norms and standards we have drawn on?