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Author: David Bonner
Publisher: Routledge
ISBN: 1317138120
Category : Law
Languages : en
Pages : 409
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Book Description
David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.
Author: David Bonner
Publisher: Routledge
ISBN: 1317138120
Category : Law
Languages : en
Pages : 409
Get Book
Book Description
David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.
Author: Jordan Tama
Publisher: Cambridge University Press
ISBN: 1139498983
Category : Political Science
Languages : en
Pages : 247
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Book Description
Terrorism and National Security Reform demonstrates that blue-ribbon commissions can be powerful vehicles for policy change, overturning the conventional wisdom that views them only as devices for passing the buck. Jordan Tama explains how the unique political credibility of commissions can enable them to forge bipartisan consensus on tough policy challenges. He also shows that commissions are most valuable during a crisis, when policymakers face pressure to make changes but frequently cannot agree on what to do. Using an original database, case studies, and more than 200 interviews of policymakers and commission participants, Tama reveals how commissions have shaped Barack Obama's plan for ending the Iraq War, spurred the largest government and intelligence overhauls since 1947, and driven many other elements of U.S. counterterrorism policy. In an era of unrelenting partisanship and extreme polarization, this book shows that commissions are increasingly valuable policymaking tools.
Author: Dean Reuter
Publisher: Encounter Books
ISBN: 1594035636
Category : Political Science
Languages : en
Pages : 330
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Book Description
After the September 11, 2001 attacks the United States went to war. With thousands of Americans killed, billions of dollars in damage, and aggressive military and security measures in response, we are still living with the war a decade later. A change of presidential administration has not dulled controversy over the most fundamental objectives, strategies and tactics of the war, or whether it is even a war. This book clears the air over the meaning of 9/11, and sets the stage for a reasoned, clear, and considered discussion of the future with a collection of essays commemorating the 10th anniversary of the attacks. The contributors include supporters and critics of the war on terrorism, policymakers and commentators, insiders and outsiders, and some of the leading voices inside and outside government.
Author: David Cole
Publisher: ReadHowYouWant.com
ISBN: 1458788199
Category : Political Science
Languages : en
Pages : 450
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Book Description
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: David Scharia
Publisher: Terrorism and Global Justice
ISBN: 0199393362
Category : Law
Languages : en
Pages : 296
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Book Description
Here, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review.
Author: Professor David Bonner
Publisher: Ashgate Publishing, Ltd.
ISBN: 140949344X
Category : Law
Languages : en
Pages : 392
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Book Description
David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.
Author: D. Cole
Publisher: Edward Elgar Publishing
ISBN: 1781953864
Category : Law
Languages : en
Pages : 369
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Book Description
ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Author: Philip D. O'Neill (Jr.)
Publisher:
ISBN:
Category : History
Languages : en
Pages : 360
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Book Description
"Explores the impact of terror and WMD proliferation on national and international law as it pertains to areas ranging from sovereignty vs. intervention under international law to 21st century topics including terror finance, electronic intelligence gathering and detention practices. Volume 2 serves as a documentary research tool providing original text of the various documents discussed in Volume 1"--Provided by publisher.
Author: Joseph H. Campos
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754671923
Category : Political Science
Languages : en
Pages : 192
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Book Description
Adopting an innovative approach to the ongoing debate over homeland security and state response to terrorism, Joseph Campos investigates the contextualizing of national security discourse and its management of terrorism. The volume incorporates historical depth and critical theory in a comparative framework to provide an invaluable insight into how national security is developed to secure the state.
Author: Thomas A. Johnson
Publisher: CRC Press
ISBN: 1420019082
Category : Computers
Languages : en
Pages : 680
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Book Description
Using the best scientific decision-making practices, this book introduces the concept of risk management and its application in the structure of national security decisions. It examines the acquisition and utilization of all-source intelligence and addresses reaction and prevention strategies applicable to chemical, biological, and nuclear weapons; agricultural terrorism; cyberterrorism; and other potential threats to our critical infrastructure. It discusses legal issues and illustrates the dispassionate analysis of our intelligence, law enforcement, and military operations and actions. The book also considers the redirection of our national research and laboratory system to investigate weapons we have yet to confront.
