Law Security And The State Of Perpetual Emergency
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| Author | : Linda S. Bishai |
| Publisher | : Palgrave Macmillan |
| Total Pages | : 273 |
| Release | : 2021-07-10 |
| Genre | : Political Science |
| ISBN | : 9783030449612 |
Presenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
| Author | : Linda S. Bishai |
| Publisher | : Springer Nature |
| Total Pages | : 289 |
| Release | : 2020-06-25 |
| Genre | : Political Science |
| ISBN | : 3030449599 |
Presenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
| Author | : Alan Greene |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 367 |
| Release | : 2018-04-05 |
| Genre | : Law |
| ISBN | : 1509906169 |
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 | : Ernest B. Abbott |
| Publisher | : ABA Section of State and Local Government Law |
| Total Pages | : 569 |
| Release | : 2018 |
| Genre | : Emergency management |
| ISBN | : 9781641050180 |
| Author | : Ryan Alford |
| Publisher | : McGill-Queen's Press - MQUP |
| Total Pages | : 333 |
| Release | : 2017-06-01 |
| Genre | : Political Science |
| ISBN | : 0773549218 |
In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.
| Author | : David C. Unger |
| Publisher | : Penguin |
| Total Pages | : 369 |
| Release | : 2013-08-27 |
| Genre | : Political Science |
| ISBN | : 0143122975 |
From the New York Times’s veteran foreign policy editorialist, a lucid analysis of the harm caused by America’s increasingly misdirected national security state America is trapped in a state of war that has consumed our national life since before Pearl Harbor. Over seven decades and several bloody wars, Democratic and Republican politicians alike have assembled an increasingly complicated, ineffective, and outdated network of security services. Yet this pursuit has not only damaged our democratic institutions and undermined our economic strengths; it has fundamentally failed to make us safer. In The Emergency State, senior New York Times writer David C. Unger reveals the hidden costs of America’s bipartisan obsession with achieving absolute national security and traces a series of missed opportunities—from the end of World War II through the presidency of Barack Obama—when we could have rethought our defense strategy but did not. Provocative, insightful, and refreshingly nonpartisan, this is the definitive untold story of how America became so vulnerable—and how it can build real security again.
| Author | : Nan D. Hunter |
| Publisher | : Butterworth-Heinemann |
| Total Pages | : 435 |
| Release | : 2017-08-08 |
| Genre | : Law |
| ISBN | : 0128043229 |
The Law of Emergencies: Public Health and Disaster Management, Second Edition, introduces the American legal system as it interacts with disaster management, public health and civil unrest issues. Nan Hunter shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations and analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. The book includes primary texts, reader-friendly expository explanation and sample discussion questions in each chapter, as well as scenarios for each of the three major areas to put the concepts in to action. Prior knowledge of the law is not necessary in order to use and understand this book, and it satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. The book features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. Updated with expanded coverage and several new chapters Re-organized to improve topic focus, with sections covering The President, Congress, and the Courts; Governance on the Ground; The Rights of Individuals; Disaster Management and Reconstruction; Health Emergencies; Preserving the Social Fabric; and Liability Includes a new disaster scenario (a dirty bomb explosion in Washington, DC) to illustrate the application of key concepts Features two new appendices that provide key excerpts from the U.S. Constitution and the Stafford Act Includes a new glossary of legal and legislative terms
| Author | : John Reynolds |
| Publisher | : Cambridge University Press |
| Total Pages | : 343 |
| Release | : 2017-08-10 |
| Genre | : Law |
| ISBN | : 1316781100 |
What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.
| Author | : Steven C. Silverman |
| Publisher | : |
| Total Pages | : 120 |
| Release | : 1986 |
| Genre | : Internal security |
| ISBN | : |
| Author | : Jakub Jinek |
| Publisher | : Nomos Verlagsgesellschaft |
| Total Pages | : 159 |
| Release | : 2020 |
| Genre | : Executive power |
| ISBN | : 9783848757312 |
The problem of the state of emergency has become topical in the last two decades in connection with security, financial and health crises. These events pose a challenge to liberal democracy because they can bring political representatives to the brink of legality and, at least potentially, seem to legitimise procedures that would otherwise be questionable in a liberal democracy. Some authors have even expressed concerns that the exception has gradually become the new normality and that we live (almost without realising it) in a permanent exception. In response, experts have reflected on whether the state of emergency is a suitable means of resolving crises and whether there are other models that are more appropriate in terms of the interest in maintaining liberal democracy. The aim of the book is to provide a scientific reflection on the state of emergency and to discuss related concepts.
