Examining the possibility of restricting fundamental rights in the context of terrorism

Terrorism has a strong effect on the free practice of fundamental rights, from the right to life of victims, through the human dignity of arrested terrorists, to the freedom of movement of people living, studying or working at the scene of an attack. This study catalogues the fundamental rights affected by terrorism through a systematic review of the relevant Hungarian and foreign literature, viewing the subject from the perspective of the "average person." It examines how ordinary persons are affected when the state restricts the practice of their fundamental rights in the fight against terrorism, either because of a growing threat or because of an attack that has already occurred. A further aim is to address how security can be guaranteed without undue and disproportionate violation of these rights, and to what extent certain fundamental rights may be restricted in order to protect national security or public safety. The author provides an overview of the Hungarian and international literature on the relationship between terrorism and fundamental rights from the perspective of state limitability.