Rule Of Law In A State Of Emergency

Author : Nasser Hussain
Publisher : University of Michigan Press
ISBN 13 : 0472037536
Total Pages : 211 pages
Book Rating : 4.37/5 ( download)

DOWNLOAD NOW!

Download or read book The Jurisprudence of Emergency written by Nasser Hussain and published by University of Michigan Press. This book was released on 2019-08-02 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.

Author : Subrata Roy Chowdhury
Publisher :
ISBN 13 : 9780785548089
Total Pages : pages
Book Rating : 4.84/5 ( download)

DOWNLOAD NOW!

Download or read book The Rule of Law in a State of Emergency written by Subrata Roy Chowdhury and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Subrata Roy Chowdhury
Publisher : Burns & Oates
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.12/5 ( download)

DOWNLOAD NOW!

Download or read book Rule of Law in a State of Emergency written by Subrata Roy Chowdhury and published by Burns & Oates. This book was released on 1989 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: SCOTT (Copy 1): From the John Holmes Library Collection.

Author : Oren Gross
Publisher : Cambridge University Press
ISBN 13 : 1139457756
Total Pages : 48 pages
Book Rating : 4.50/5 ( download)

DOWNLOAD NOW!

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 : Alan Greene
Publisher : Bloomsbury Publishing
ISBN 13 : 1509906169
Total Pages : 367 pages
Book Rating : 4.61/5 ( download)

DOWNLOAD NOW!

Download or read book Permanent States of Emergency and the Rule of Law written by Alan Greene and published by Bloomsbury Publishing. This book was released on 2018-04-05 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.

Author : Ryan Alford
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773549218
Total Pages : 333 pages
Book Rating : 4.10/5 ( download)

DOWNLOAD NOW!

Download or read book Permanent State of Emergency written by Ryan Alford and published by McGill-Queen's Press - MQUP. This book was released on 2017-06-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.

Author : Alan Greene (Professeur de droit)
Publisher :
ISBN 13 : 9781509906185
Total Pages : pages
Book Rating : 4.85/5 ( download)

DOWNLOAD NOW!

Download or read book Permanent States of Emergency and the Rule of Law written by Alan Greene (Professeur de droit) and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The ideal state of emergency -- The permanent state of emergency -- Permanent states of emergency and constituent power -- Permanent states of emergency and legal black holes -- Permanent states of emergency and legal grey holes -- Alternatives to constitutional emergency accommodation -- Resisting the permanent state of emergency

Author : Camilla Pillay
Publisher :
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.48/5 ( download)

DOWNLOAD NOW!

Download or read book The Rule of Law in a State of Emergency written by Camilla Pillay and published by . This book was released on 1997 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : M. Ehteshamul Bari
Publisher : Taylor & Francis
ISBN 13 : 1351685929
Total Pages : 282 pages
Book Rating : 4.24/5 ( download)

DOWNLOAD NOW!

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

Author : Victor V. Ramraj
Publisher : Cambridge University Press
ISBN 13 : 1139505246
Total Pages : 703 pages
Book Rating : 4.46/5 ( download)

DOWNLOAD NOW!

Download or read book Global Anti-Terrorism Law and Policy written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2012-01-12 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.