emergencies and the limits of legality

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Emergencies And The Limits Of Legality

Author : Victor V. Ramraj
ISBN : 1107403901
Genre : Law
File Size : 90. 49 MB
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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.

Emergency Powers In Asia

Author : Victor V. Ramraj
ISBN : 9780521768900
Genre : Law
File Size : 51. 83 MB
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What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Emergency Politics

Author : Bonnie Honig
ISBN : 9781400830961
Genre : Political Science
File Size : 71. 15 MB
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This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.

The Constitution Of Law

Author : David Dyzenhaus
ISBN : 9781139460507
Genre : Law
File Size : 62. 61 MB
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Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

Limits Of Legality

Author : Jeffrey Brand-Ballard
ISBN : 9780195342291
Genre : Law
File Size : 86. 39 MB
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Combining ethical theory with discussions of caselaw, Jeffrey Brand-Ballard challenges arguments for the traditional view, including arguments from the fact that judges swear oaths to uphold the law, and arguments from our duty to obey the law, among others.

Law In Times Of Crisis

Author : Oren Gross
ISBN : 9781139457750
Genre : Political Science
File Size : 27. 64 MB
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The terrorist attacks of September 11, 2001, and the ensuing 'war on terror' have focused attention on issues that have previously lurked in a dark corner at the edge of the legal universe. 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, bringing together insights gleaned from the Roman republic and Jewish law through to the initial responses to the July 2005 attacks in London. Three models of emergency powers are used to offer a conceptualization of emergency regimes, giving a coherent insight into law's interface with and regulation of crisis and a distinctive means to evaluate the legal options open to states for dealing with crises.

Emergency Powers In Theory And Practice

Author : Michael Head
ISBN : 9781134795291
Genre : Law
File Size : 77. 76 MB
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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.

Not A Suicide Pact

Author : Richard A. Posner
ISBN : 9780195304275
Genre : Political Science
File Size : 77. 53 MB
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A cogent and elegant response to protests against measures taken by the Bush administration since 9/11 is offered in this exploration of how personal liberty must be balanced with public safety in the face of grave national danger.

The Jurisprudence Of Emergency

Author : Nasser Hussain
ISBN : 0472023519
Genre : Law
File Size : 25. 1 MB
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Hussain analyses the uses and the history of a range of emergency powers, such as the suspension of habeas corpus and the use of military tribunals. His study focuses on British colonialism in India from the late eighteenth to the early twentieth century to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the place of colonialism in modern law, depicting the colonies not as passive recipients but as agents in the interpretation and delineation of Western ideas and practices. Nasser Hussain is Professor of History at Amherst College.

Emergencies In Public Law

Author : Karin Loevy
ISBN : 9781107123847
Genre : Law
File Size : 88. 41 MB
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This book challenges the traditional framing of emergency powers as 'exceptions' by illustrating their long-term legal and political effects.

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