Sovereignty, Emergency, Legality PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Sovereignty, Emergency, Legality PDF full book. Access full book title Sovereignty, Emergency, Legality by Austin Sarat. Download full books in PDF and EPUB format.
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139483773
Category : Law
Languages : en
Pages : 313
Get Book Here
Book Description
It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.
Author: Austin Sarat
Publisher: Cambridge University Press
ISBN: 1139483773
Category : Law
Languages : en
Pages : 313
Get Book Here
Book Description
It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.
Author: Diane A. Desierto
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218521
Category : Political Science
Languages : en
Pages : 433
Get Book Here
Book Description
Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.
Author: Nasser Hussain
Publisher: University of Michigan Press
ISBN: 0472037536
Category : History
Languages : en
Pages : 211
Get Book Here
Book Description
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: John Reynolds
Publisher: Cambridge University Press
ISBN: 1107172519
Category : Law
Languages : en
Pages : 343
Get Book Here
Book Description
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 9781107403901
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
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: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 1139505246
Category : Law
Languages : en
Pages : 703
Get Book Here
Book Description
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.
Author: Chiara Giorgetti
Publisher: BRILL
ISBN: 9004181288
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
This book is the first legal study of state failure in international law. Building on a comprehensive analysis of the phenomenon, Dr. Giorgetti provides a definition of state failure that informs her study of how international actors may operate in situations of emergencies occurring in failed and failing states. The book specifically focuses on actions taken in health, environmental and human rights emergencies to provide generally applicable conclusions. Indeed, the Principles for Action distilled in the final chapter will provide concrete instruments to the international community to act in emergency situations and will prove to be an important contribution to the development of international law.
Author: Alan Greene
Publisher: Bloomsbury Publishing
ISBN: 1509906169
Category : Law
Languages : en
Pages : 367
Get Book Here
Book Description
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: Source Wikipedia
Publisher: University-Press.org
ISBN: 9781230567273
Category :
Languages : en
Pages : 132
Get Book Here
Book Description
Please note that the content of this book primarily consists of articles available from Wikipedia or other free sources online. Pages: 131. Chapters: Habeas corpus, Sovereignty, Martial law, Unlawful combatant, Internal Security Act, Enabling Act of 1933, NSA warrantless surveillance controversy, Extraordinary rendition by the United States, Extrajudicial killings and forced disappearances in the Philippines, State of emergency, Giorgio Agamben, 2005 civil unrest in France, 2006 state of emergency in the Philippines, Writs of Amparo and Habeas Data, Protect America Act of 2007, The Emergency, Austrofascism, December 2001 riots in Argentina, 4th of August Regime, Roman dictator, Martial law in Poland, Article 48, No-hearing hearings, Defence Regulation 18B, Reichstag Fire Decree, State of Defence, Curfew bell, Interregnum, Civil Contingencies Act 2004, Faeq al-Mir arrest controversy, Treachery Act 1940, Defence of the Realm Act 1914, Necessity and Urgency Decree, National Security and Homeland Security Presidential Directive, Preventive detention, Emergency Powers Act 1920, War Measures Act, State of Emergency in India, 1989 riots in Argentina, Rule by decree, Emergency Powers Act 1939, German Emergency Acts, Arbitrary arrest and detention, 1907 Romanian Peasants' Revolt, National Emergencies Act, Homo sacer, Emergency law in Egypt, Emminger Decrees, Senatus consultum ultimum, Lois scelerates, Emergency Powers Act 1926, Emergency Powers Act 1964, Restoration of Order in Ireland Act 1920, Defence of Canada Regulations, Defence Regulations, Northern Ireland Act 1973, National Registration Act 1939, Wartime Information Security Program, Department of Defense Directive 2310, Justitium, State of Rebellion, Munitions of War Act 1915, Decree Law 25418, Enduring Constitutional Government, Trading with the Enemy Act 1939, Extraordinary repatriation, State of exception.
Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 9780521895996
Category : Law
Languages : en
Pages : 428
Get Book Here
Book Description
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.
