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Author: Nomi Claire Lazar
Publisher: Cambridge University Press
ISBN: 0521449693
Category : History
Languages : en
Pages : 191
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Book Description
This book shows how emergency powers can be justifiable in liberal democracies without suspending liberal norms.
Author: Nomi Claire Lazar
Publisher: Cambridge University Press
ISBN: 0521449693
Category : History
Languages : en
Pages : 191
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Book Description
This book shows how emergency powers can be justifiable in liberal democracies without suspending liberal norms.
Author: Oren Gross
Publisher: Cambridge University Press
ISBN: 1139457756
Category : Political Science
Languages : en
Pages : 48
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Book Description
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: Gary Gerstle
Publisher: University of Chicago Press
ISBN: 022671232X
Category : History
Languages : en
Pages : 375
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Book Description
States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.
Author: Robert Rohrschneider
Publisher:
ISBN: 0198825080
Category : Political Science
Languages : en
Pages : 731
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Book Description
"How can democracies effectively represent citizens? The goal of this Handbook is to evaluate comprehensively how well the interests and preferences of mass publics become represented by institutions in liberal democracies. It first explores how the idea and institutions of liberal democracies were formed over centuries and became enshrined in Western political systems. The contributors to this Handbook, made up of the world's leading scholars on the various aspects of political representation, examine how well the political elites and parties who are charged with the representation of the public interest meet their duties. Clearly, institutions often fail to live up to their own representation goals. With this in mind, the contributors explore several challenges to the way that the system of representation is organized in modern democracies. For example, actors such as parties and established elites face rising distrust among electorates. Also, the rise of international problems such as migration and environmentalism suggests that the focus of democracies on nation states may have to shift to a more international level. All told, this Handbook illuminates the normative and functional challenges faced by representative institutions in liberal democracies"--
Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 052176890X
Category : Law
Languages : en
Pages : 531
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Book Description
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Author: Michael Head
Publisher: Taylor & Francis
ISBN: 1134795297
Category : Law
Languages : en
Pages : 283
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Book Description
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: Rosalind Dixon
Publisher: Oxford University Press
ISBN: 0192893769
Category : Authoritarianism
Languages : en
Pages : 241
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Book Description
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
Author: Michael D. Reisig
Publisher: Oxford University Press
ISBN: 0199843899
Category : Social Science
Languages : en
Pages : 697
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Book Description
The police are perhaps the most visible representation of government. They are charged with what has been characterized as an "impossible" mandate -- control and prevent crime, keep the peace, provide public services -- and do so within the constraints of democratic principles. The police are trusted to use deadly force when it is called for and are allowed access to our homes in cases of emergency. In fact, police departments are one of the few government agencies that can be mobilized by a simple phone call, 24 hours a day, 7 days a week. They are ubiquitous within our society, but their actions are often not well understood. The Oxford Handbook of Police and Policing brings together research on the development and operation of policing in the United States and elsewhere. Accomplished policing researchers Michael D. Reisig and Robert J. Kane have assembled a cast of renowned scholars to provide an authoritative and comprehensive overview of the institution of policing. The different sections of the Handbook explore policing contexts, strategies, authority, and issues relating to race and ethnicity. The Handbook also includes reviews of the research methodologies used by policing scholars and considerations of the factors that will ultimately shape the future of policing, thus providing persuasive insights into why and how policing has developed, what it is today, and what to expect in the future. Aimed at a wide audience of scholars and students in criminology and criminal justice, as well as police professionals, the Handbook serves as the definitive resource for information on this important institution.
Author: Alain de Benoist
Publisher: Arktos
ISBN: 1907166394
Category : History
Languages : en
Pages : 110
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Book Description
Few names, apart from that of Leo Strauss, are invoked more often when discussing the American response to terrorism in recent years than that of Carl Schmitt. Schmitt, who was part of the German school of political thought known as the 'Conservative Revolution, ' is widely regarded as having been one of the greatest legal minds of the twentieth century. He famously asserted that the most important function of the sovereign of a nation is not the drafting or enforcement of law, but rather his ability to decide when the law should be suspended in an emergency, and likewise his power to declare who the 'friend' and 'enemy' of a community is at any given moment. Alain de Benoist critiques those who claim Schmitt as an inspiration behind the American 'neoconservative' movement that held sway during the administration of President George W. Bush, showing that the politics of the 'war on terror' do not actually reflect Schmitt's ideas, in that American lack of respect for the traditional rules of war, and its determination to portray its enemies as embodiments of absolute evil rather than as representatives of legitimate polities, renders contemporary American politics thoroughly un-Schmittian. Benoist then goes on to analyse recent history from Schmitt's standpoint, showing that the efforts of the United States have been intended to preserve its global hegemony, whereas Schmitt believed that the world was developing into a multipolar one where many powers, rather than a single power, would dominate, a trend which is clearly at work in our time. Benoist demonstrates that Carl Schmitt was therefore a much greater visionary than the American neoconservatives, who failed to understand the geopolitical forces at work today. Alain de Benoist is the leading philosopher behind the European 'New Right' movement (a label which de Benoist himself rejects, perceiving himself to not fit into the usual Left/Right dichotomy), a metapolitical school of thought which he helped to found in France in 1968 with the establishment of GRECE (Research and Study Group for European Civilisation). He continues to write and give lectures and interviews. He lives in Paris. Arktos has previously made available his books The Problem of Democracy and Beyond Human Rights, both published in 2011.
Author: Jens Meierhenrich
Publisher: Oxford University Press
ISBN: 0199916934
Category : Law
Languages : en
Pages : 873
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Book Description
The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Uniquely located at the intersection of law, the social sciences, and the humanities, it brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography.
