The Cliquet effect, or ratchet effect, describes a phenomenon where processes or systems become difficult, if not impossible, to reverse once they have reached a certain stage. This concept, originally articulated by James Duesenberry in Income, Saving, and the Theory of Consumer Behavior (1949), finds applications across disciplines, from economics to politics and law. It also serves as a powerful metaphor for the creeping expansion of government measures during crises, particularly in the context of antiterrorism legislation.
This blog post explores how the Cliquet effect influences the trajectory of antiterrorism laws, using examples from various European countries, where initial emergency measures have often solidified into enduring policies, shaping governance and civil liberties in profound ways.
The Mechanics of the Cliquet Effect
The Cliquet effect borrows its name from the ratcheting mechanism in horology, which prevents a wheel from moving backward. Similarly, once a social, economic, or legal process crosses a certain threshold, it tends to resist reversal. The concept applies to human behavior—such as consumption habits that prove difficult to curtail—but it holds particular resonance in political systems. Governments often introduce extensive bureaucratic or legislative measures during crises, and once these systems are established, dismantling them becomes a formidable challenge.
For example, economist Robert Higgs, in his book Crisis and Leviathan, used this effect to explain the seemingly irreversible growth of government during crises. Wars and emergencies often justify unprecedented interventions, which later persist long after the crisis subsides. In democratic systems, Yves-Marie Adeline[1] has argued that sociopolitical shifts—particularly those aligned with progressive ideologies—often become entrenched, as subsequent administrations lack either the will or the political capital to undo them.
The Cliquet Effect in Antiterrorism Legislation
The Cliquet effect is especially evident in antiterrorism legislation, where governments adopt extraordinary measures in response to immediate threats. These laws, though introduced as temporary safeguards, often evolve into permanent fixtures, reshaping the balance between national security and individual freedoms. The rationale is rooted in the political cost of reversing these measures: dismantling them risks exposing a nation to criticism or vulnerability, even if the original threat has diminished.
European Case Studies
A few examples of the Cliquet effect in action count the case of France. Indeed, following the Paris terrorist attacks in November 2015, the country declared a state of emergency (état d’urgence), granting authorities sweeping powers to conduct searches, impose curfews, and restrict gatherings. Initially meant to last 12 days, the state of emergency was extended multiple times and lasted nearly two years. In 2017, many of its provisions were codified into the French security law, effectively making permanent what was initially temporary.
In the same idea, the UK has long grappled with terrorism, and its Prevent strategy, part of the broader counterterrorism framework, illustrates the Cliquet effect in action. Introduced to prevent radicalization, Prevent mandates surveillance and reporting responsibilities for teachers, healthcare workers, and other public servants. While the program has faced criticism for stigmatizing communities and eroding trust, successive governments have expanded rather than scaled it back.
Lastly, Spain’s experience with terrorism—particularly from ETA and later Islamist groups—has led to stringent antiterrorism laws. The expansion of police powers, limitations on judicial review, and broad definitions of terrorism have drawn criticism for potentially undermining freedoms. Yet, reversing these measures remains politically sensitive, especially in light of recurring security threats.
Legal Foundations and the Irreversibility of Rights
Interestingly, and on a lighter note, the Cliquet effect operates not only to expand government powers but also to safeguard fundamental rights. In France, for instance, the Constitutional Council has invoked the effect to protect liberties from regression. Notable decisions, such as those concerning press freedoms and academic autonomy, have established that laws reducing fundamental rights are unconstitutional unless they provide equivalent or enhanced protections.This dual nature of the Cliquet effect underscores its complexity: while it can entrench restrictive measures, it can also serve as a bulwark against the erosion of rights. In the realm of antiterrorism, however, the balance often tilts toward security at the expense of liberties.
In the same idea, several antiterrorism laws have been repealed or allowed to expire once the immediate threat they were enacted to address subsided. For instance, in the United States, provisions of the USA PATRIOT Act, including the controversial Section 215 that allowed mass telephone metadata collection, were permitted to expire in 2020. Similarly, the United Kingdom’s Defence of the Realm Act, which granted extensive wartime powers during World War I, was repealed in 1921 after the war ended. In Spain, harsh anti-terrorism laws implemented during Francisco Franco’s dictatorship were dismantled following his death as the country transitioned to democracy. South Africa’s Internal Security Act, used to suppress dissent during apartheid, was repealed in 1991 during the country’s democratization. In Italy, emergency anti-terrorism measures introduced during the politically turbulent “Years of Lead” were gradually rolled back as stability returned. These examples highlight how countries often roll back extraordinary powers granted during crises, though this process frequently occurs under significant public and political pressure.
Lessons and Reflections
The Cliquet effect reveals the paradox of governance during crises: the measures we adopt to address immediate dangers often outlast their utility, embedding themselves into the fabric of law and policy. In the case of antiterrorism legislation, this dynamic poses critical questions for democratic societies. How can we ensure that extraordinary measures do not become ordinary governance? What safeguards can prevent the gradual erosion of freedoms under the guise of security?
As the various European examples show, reversing antiterrorism laws is rare, even when the threat landscape changes. Addressing this requires a conscious effort to design legislation with built-in sunset clauses, periodic reviews, and robust oversight mechanisms. Without these safeguards, the Cliquet effect risks becoming a ratchet not only on government expansion but also on the fundamental freedoms that underpin democratic life.
[1] Adeline, Yves-Marie. La Droite impossible. Éditions Godefroy de Bouillon, 2012. (Revised edition of La Droite piégée, 1996).