Sovereignty, Emergency, Legality

Sovereignty, Emergency, Legality
Author: Austin Sarat
Publisher: Cambridge University Press
Total Pages: 313
Release: 2010-02-26
Genre: Law
ISBN: 1139483773
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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.

Necessity and National Emergency Clauses

Necessity and National Emergency Clauses
Author: Diane A. Desierto
Publisher: Martinus Nijhoff Publishers
Total Pages: 433
Release: 2012-01-05
Genre: Political Science
ISBN: 9004218521
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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.

The Jurisprudence of Emergency

The Jurisprudence of Emergency
Author: Nasser Hussain
Publisher: University of Michigan Press
Total Pages: 211
Release: 2019-08-02
Genre: History
ISBN: 0472037536
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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.

Empire, Emergency and International Law

Empire, Emergency and International Law
Author: John Reynolds
Publisher: Cambridge University Press
Total Pages: 343
Release: 2017-08-10
Genre: Law
ISBN: 1107172519
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This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.

Emergencies and the Limits of Legality

Emergencies and the Limits of Legality
Author: Victor V. Ramraj
Publisher: Cambridge University Press
Total Pages: 0
Release: 2012-01-12
Genre: Law
ISBN: 9781107403901
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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.

A Principled Approach to State Failure

A Principled Approach to State Failure
Author: Chiara Giorgetti
Publisher: BRILL
Total Pages: 217
Release: 2010
Genre: Law
ISBN: 900418127X
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This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.

Global Anti-Terrorism Law and Policy

Global Anti-Terrorism Law and Policy
Author: Victor V. Ramraj
Publisher: Cambridge University Press
Total Pages: 703
Release: 2012-01-12
Genre: Law
ISBN: 1139505246
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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.

Permanent States of Emergency and the Rule of Law

Permanent States of Emergency and the Rule of Law
Author: Alan Greene
Publisher: Bloomsbury Publishing
Total Pages: 367
Release: 2018-04-05
Genre: Law
ISBN: 1509906169
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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.

Emergency Laws

Emergency Laws
Author: Source Wikipedia
Publisher: University-Press.org
Total Pages: 132
Release: 2013-09
Genre:
ISBN: 9781230567273
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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.

Law in Times of Crisis

Law in Times of Crisis
Author: Oren Gross
Publisher: Cambridge University Press
Total Pages: 48
Release: 2006-10-30
Genre: Political Science
ISBN: 1139457756
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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.