Terrorism The Laws Of War And The Constitution

Author : Peter Berkowitz
Publisher : Hoover Press
ISBN 13 : 0817946233
Total Pages : 220 pages
Book Rating : 4.34/5 ( download)

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Download or read book Terrorism, the Laws of War, and the Constitution written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.

Author : David Cole
Publisher : ReadHowYouWant.com
ISBN 13 : 1458788199
Total Pages : 450 pages
Book Rating : 4.91/5 ( download)

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Download or read book Terrorism and the Constitution written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-09 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

Author : Andrew Lynch
Publisher : Federation Press
ISBN 13 : 9781862876743
Total Pages : 276 pages
Book Rating : 4.46/5 ( download)

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Download or read book Law and Liberty in the War on Terror written by Andrew Lynch and published by Federation Press. This book was released on 2007 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we ensure national security against people unafraid to kill themselves along with their victims - people who, self-evidently, will not be deterred by traditional laws which punish offenders after their crimes are committed. This is the challenge for liberal democracies such as Australia. New laws specifically designed to forestall terrorist activity have been a key response. Law and Liberty in the War on Terror describes these laws and debates both their effectiveness and impact on civil liberties. International and domestic commentators from the fields of government, law and political science address questions such as: How does the law define 'terrorism'? Can the criminal justice system accommodate preparatory terrorism offences? Is torture ever acceptable as an interrogative method? What is the role of the judiciary in times of emergency? How do Australia's anti-terrorism laws compare with those of the United Kingdom and New Zealand? How are Australian communities and politics affected by responses to terrorism?"[I] n this book, proponents of the new anti-terrorism laws seek to justify their provisions and opponents argue that the laws go too far. These chapters also show the extent of the changes that have been made to our legal and administrative structures. ... The chapters in this book cannot be dismissed as mere academic analyses. They have to do with the lives and aspirations of all Australians. They ask whether Australia is, and whether it will be, a united, secure, free and confident nation." - Sir Gerard Brennan AC KBE, former Chief Justice of Australia

Author : Bruce A. Ackerman
Publisher : Yale University Press
ISBN 13 : 9780300122664
Total Pages : 248 pages
Book Rating : 4.67/5 ( download)

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Download or read book Before the Next Attack written by Bruce A. Ackerman and published by Yale University Press. This book was released on 2007-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also includes information on aftermath of terrorist attack, Al Qaeda, George W. Bush, civil liberties, U.S. Congress, U.S. Constitution, courts, detainees, detention, due process, emergency constitution, emergency powers, emergency regime, existential crisis, extraordinary powers, Founding Fathers, framework statutes, freedom, habeas corpus writ, Iraq war, Abraham Lincoln, Jose Padilla, panic reaction, precedents of presidential powers, presidency, president, Franklin D. Roosevelt, rule of law, second strike, Second World War, secrecy, seizure, September 11, 2001, state of emergency, supermajoritarian escalator, terrorist attack, torture, United Kingdom, etc.

Author : H. L. Pohlman
Publisher : Rowman & Littlefield
ISBN 13 : 9780742560413
Total Pages : 336 pages
Book Rating : 4.14/5 ( download)

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Download or read book Terrorism and the Constitution written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2008 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.

Author : Owen M. Fiss
Publisher : The New Press
ISBN 13 : 162097097X
Total Pages : 354 pages
Book Rating : 4.73/5 ( download)

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Download or read book A War Like No Other written by Owen M. Fiss and published by The New Press. This book was released on 2015 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Owen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up. The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantanamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable. A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.

Author : David Cole
Publisher : The New Press
ISBN 13 : 1565849396
Total Pages : 322 pages
Book Rating : 4.96/5 ( download)

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Download or read book Terrorism and the Constitution written by David Cole and published by The New Press. This book was released on 2006 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

Author : Mark Tushnet
Publisher : Duke University Press
ISBN 13 : 9780822334682
Total Pages : 278 pages
Book Rating : 4.82/5 ( download)

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Download or read book The Constitution in Wartime written by Mark Tushnet and published by Duke University Press. This book was released on 2005-01-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical and contemporary examinations of the constitutional issues raised by war.

Author : James D. Torr
Publisher :
ISBN 13 : 9781590185278
Total Pages : 98 pages
Book Rating : 4.77/5 ( download)

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Download or read book Civil Liberties and the War on Terrorism written by James D. Torr and published by . This book was released on 2004 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an account of the events that took place on September 11, 2001, the people involved, and what is being done to prevent further attacks.

Author : Federico Fabbrini
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715395
Total Pages : 368 pages
Book Rating : 4.97/5 ( download)

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Download or read book Constitutionalism Across Borders in the Struggle Against Terrorism written by Federico Fabbrini and published by Edward Elgar Publishing. This book was released on 2016-06-29 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.