Terrorism And The Bill Of Rights
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| Author | : David Cole |
| Publisher | : The New Press |
| Total Pages | : 322 |
| Release | : 2006 |
| Genre | : Political Science |
| ISBN | : 1565849396 |
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
| Author | : Stefan Sottiaux |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 472 |
| Release | : 2008-02-29 |
| Genre | : Law |
| ISBN | : 1847314112 |
Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.
| Author | : Cary Stacy Smith |
| Publisher | : Charles C Thomas Publisher |
| Total Pages | : 285 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 0398085633 |
| Author | : Lauri S. Friedman |
| Publisher | : Greenhaven Press, Incorporated |
| Total Pages | : 100 |
| Release | : 2006 |
| Genre | : Education |
| ISBN | : 9780737735253 |
Examines six controversial essays that debate the issue of the Patriot Act, and includes model essays, sidebar notes and guided exercises.
| Author | : Richard C Leone |
| Publisher | : PublicAffairs |
| Total Pages | : 338 |
| Release | : 2008-08-06 |
| Genre | : History |
| ISBN | : 0786725540 |
In each generation, for different reasons, America witnesses a tug of war between the instinct to suppress and the instinct for openness. Today, with the perception of a mortal threat from terrorists, the instinct to suppress is in the ascendancy. Part of the reason for this is the trauma that our country experienced on September 11, 2001, and part of the reason is that the people who are in charge of our government are inclined to use the suppression of information as a management strategy. Rather than waiting ten or fifteen years to point out what's wrong with the current rush to limit civil liberties in the name of "national security," these essays by top thinkers, scholars, journalists, and historians lift the veil on what is happening and why the implications are dangerous and disturbing and ultimately destructive of American values and ideals. Without our even being aware, the judiciary is being undermined, the press is being intimidated, racial profiling is rampant, and our privacy is being invaded. The "war on our freedoms " is just as real as the "war on terror " -- and, in the end, just as dangerous.
| Author | : Kent Roach |
| Publisher | : Cambridge University Press |
| Total Pages | : 839 |
| Release | : 2015-07-23 |
| Genre | : Law |
| ISBN | : 1107057078 |
This book provides a systematic overview of counter-terrorism laws in twenty-two jurisdictions representing the Americas, Asia, Africa, Europe, and Australia.
| Author | : Nancy Chang |
| Publisher | : Seven Stories Press |
| Total Pages | : 172 |
| Release | : 2002-07-09 |
| Genre | : Political Science |
| ISBN | : 9781583224946 |
In her groundbreaking new book, Silencing Political Dissent, constitutional expert Nancy Chang examines how the Bush administration's fight against terrorism is resulting in a disturbing erosion of First Amendment rights and increase of executive power. Chang's compelling analysis begins with a historical review of political repression and intolerance of dissent in America. From the Sedition Act of 1798, through the Smith Act of the 1940s and the internment of Japanese Americans in World War II, to the FBI's infamous COINTELPRO program of the 1960s, Chang recalls how during times of crisis and war, the U.S. government has unjustly detained individuals, invaded personal privacy, and hampered the free speech of Americans. Chang's expertise as a senior constitutional attorney shines through in the power and clarity of her argument. Meticulously researched and footnoted, Chang's book forces us to challenge the government when it is unpopular to do so, and to consider that perhaps "our future safety lies in the expansion, rather the contraction, of the democratic values set forth in the Constitution."
| Author | : Benjamin Wittes |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 435 |
| Release | : 2010-02-01 |
| Genre | : Political Science |
| ISBN | : 0815704178 |
A Brookings Institution Press and the Hoover Institution and the Georgetown Center on National Security and the Law publication The events of September 11 and subsequent American actions irrevocably changed the political, military, and legal landscapes of U.S. national security. Predictably, many of the changes were controversial, and abuses were revealed. The United States needs a legal framework that reflects these new realities. Legislating the War on Terror presents an agenda for reforming the statutory law governing this new battle, balancing the need for security, the rule of law, and the constitutional rights that protect American freedom. The authors span a considerable swath of the political spectrum, but they all believe that Congress has a significant role to play in shaping the contours of America's confrontation with terrorism. Their essays are organized around the major tools that the United States has deployed against al Qaeda as well as the legal problems that have arisen as a result. • Mark Gitenstein compares U.S. and foreign legal standards for detention, interrogation, and surveillance. • Matthew Waxman studies possible strategic purposes for detaining people without charging them, while Jack Goldsmith imagines a system of judicially reviewed law-of-war detention. • Robert Chesney suggests ways to refine U.S. criminal law into a more powerful instrument against terrorism. • Robert Litt and Wells C. Bennett suggest the creation of a specialized bar of defense lawyers for trying accused terrorists in criminal courts. • David Martin explores the relationship between immigration law and counterterrorism. • David Kris lays out his proposals for modernizing the Foreign Intelligence Surveillance Act. • Justin Florence and Matthew Gerke outline possible reforms of civil justice procedures in national security litigation. • Benjamin Wittes and Stuart Taylor Jr. investigate ways to improve interrogation laws while clarifying the definition and limits of torture. • Kenneth Anderson argues for the protection of
| Author | : United States |
| Publisher | : |
| Total Pages | : 1192 |
| Release | : 1989 |
| Genre | : Law |
| ISBN | : |
| Author | : David Cole |
| Publisher | : |
| Total Pages | : 315 |
| Release | : 2003 |
| Genre | : Law |
| ISBN | : 9781565848009 |
The nation's foremost civil libertarian shines a light on the cynical exploitation of 9/11 by government officials to target immigrants and lay the groundwork for rolling back the rights of ordinary American citizens.
