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Author : Oren Gross
Publisher :
ISBN 13 : 9780511331688
Total Pages : 481 pages
Book Rating : 4.81/5 ( download)
Download or read book Law in Times of Crisis written by Oren Gross and published by . This book was released on 2006 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents the first systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers.
Author : Michael Head
Publisher : Taylor & Francis
ISBN 13 : 1134795297
Total Pages : 256 pages
Book Rating : 4.91/5 ( download)
Download or read book Emergency Powers in Theory and Practice written by Michael Head and published by Taylor & Francis. This book was released on 2017-05-15 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.
Author : Oren Gross
Publisher : Cambridge University Press
ISBN 13 : 1139457756
Total Pages : 48 pages
Book Rating : 4.50/5 ( download)
Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
Author : Michael Head
Publisher : Routledge
ISBN 13 : 113479536X
Total Pages : 296 pages
Book Rating : 4.69/5 ( download)
Download or read book Emergency Powers in Theory and Practice written by Michael Head and published by Routledge. This book was released on 2017-05-15 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.
Author : Christian Kreuder-Sonnen
Publisher : Oxford University Press, USA
ISBN 13 : 0198832931
Total Pages : 267 pages
Book Rating : 4.35/5 ( download)
Download or read book Emergency Powers of International Organizations written by Christian Kreuder-Sonnen and published by Oxford University Press, USA. This book was released on 2019-11-13 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emergency Powers of International Organizations explores emergency politics of international organizations (IOs). It studies cases in which, based on justifications of exceptional necessity, IOs expand their authority, increase executive discretion, and interfere with the rights of their rule-addressees. This ''IO exceptionalism'' is observable in crisis responses of a diverse set of institutions including the United Nations Security Council, the European Union, and the World Health Organization. Through six in-depth case studies, the book analyzes the institutional dynamics unfolding in the wake of the assumption of emergency powers by IOs. Sometimes, the exceptional competencies become normalized in the IOs' authority structures (the ''ratchet effect"). In other cases, IO emergency powers provoke a backlash that eventually reverses or contains the expansions of authority (the "rollback effect"). To explain these variable outcomes, this book draws on sociological institutionalism to develop a proportionality theory of IO emergency powers. It contends that ratchets and rollbacks are a function of actors' ability to justify or contest emergency powers as (dis)proportionate. The claim that the distribution of rhetorical power is decisive for the institutional outcome is tested against alternative rational institutionalist explanations that focus on institutional design and the distribution of institutional power among states. The proportionality theory holds across the cases studied in this book and clearly outcompetes the alternative accounts. Against the background of the empirical analysis, the book moreover provides a critical normative reflection on the (anti) constitutional effects of IO exceptionalism and highlights a potential connection between authoritarian traits in global governance and the system's current legitimacy crisis.
Author : Karin Loevy
Publisher : Cambridge University Press
ISBN 13 : 1316592138
Total Pages : 323 pages
Book Rating : 4.37/5 ( download)
Download or read book Emergencies in Public Law written by Karin Loevy and published by Cambridge University Press. This book was released on 2016-03-11 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
Author : Victor V. Ramraj
Publisher : Cambridge University Press
ISBN 13 : 9781107403901
Total Pages : 0 pages
Book Rating : 4.01/5 ( download)
Download or read book Emergencies and the Limits of Legality written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2012-01-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most modern states turn swiftly to law in an emergency. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well documented. Yet there is an ever-present danger, borne out by historical and contemporary events, that even the most well-meaning executive, armed with extraordinary powers, will abuse them. This inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality? This collection of essays - at the intersection of legal, political and social theory and practice - explores law's capacity to constrain state power in times of crisis.
Author : Bruce Jennings
Publisher : Oxford University Press
ISBN 13 : 0190270748
Total Pages : 321 pages
Book Rating : 4.42/5 ( download)
Download or read book Emergency Ethics written by Bruce Jennings and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emergency Ethics brings together leading scholars in the fields of public health ethics and bioethics to discuss disaster or emergency ethics and ethical aspects of preparedness and response with specific application to public health policy and practice. The book fills a gap in the existing public health ethics literature by providing a comprehensive ethical conception of emergency preparedness as a distinctive form of civic practice brought about by the interrelationships and coordination of many groups, disciplines, and interests and drawing on numerous bodies of knowledge and expertise. It addresses particular aspects of preparedness and response plans, particular decisions that planners and communities have to make, decisions that require balancing many diverse and sometimes conflicting values and identifying and applying a framework of basic ethical principles for preparedness planning, emergency response, and post-disaster recovery. It also explores the relationship between emergency preparedness to other facets of public health practice. The book begins with a broad and synthetic overview of emergency ethics that addresses the central components and ethically significant issues arising in public health preparedness planning, disaster response, and recovery. Following that overview are five chapters that in a philosophically innovative and detailed way delve deeply into important and problematic issues in emergency planning and response, including the allocation of scarce resources, conducting ethical research in the context of public health emergencies, the obligations of public health professionals, communication and engagement with the public, and special moral obligations surrounding vulnerable populations.
Author : Bonnie Honig
Publisher : Princeton University Press
ISBN 13 : 0691152594
Total Pages : 218 pages
Book Rating : 4.92/5 ( download)
Download or read book Emergency Politics written by Bonnie Honig and published by Princeton University Press. This book was released on 2011-08-28 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.
Author : M. Ehteshamul Bari
Publisher : Taylor & Francis
ISBN 13 : 1351685929
Total Pages : 282 pages
Book Rating : 4.24/5 ( download)
Download or read book States of Emergency and the Law written by M. Ehteshamul Bari and published by Taylor & Francis. This book was released on 2017-07-06 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion
