Rule of Law in a State of Emergency
Title | Rule of Law in a State of Emergency PDF eBook |
Author | Subrata Roy Chowdhury |
Publisher | Burns & Oates |
Pages | 312 |
Release | 1989 |
Genre | Political Science |
ISBN |
SCOTT (Copy 1): From the John Holmes Library Collection.
Permanent State of Emergency
Title | Permanent State of Emergency PDF eBook |
Author | Ryan Alford |
Publisher | McGill-Queen's Press - MQUP |
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.
The Jurisprudence of Emergency
Title | The Jurisprudence of Emergency PDF eBook |
Author | Nasser Hussain |
Publisher | University of Michigan Press |
Pages | 211 |
Release | 2019-08-02 |
Genre | History |
ISBN | 0472037536 |
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.
The Rule of Law in a State of Emergency
Title | The Rule of Law in a State of Emergency PDF eBook |
Author | Subrata Roy Chowdhury |
Publisher | |
Pages | |
Release | 1989 |
Genre | |
ISBN | 9780785548089 |
Permanent States of Emergency and the Rule of Law
Title | Permanent States of Emergency and the Rule of Law PDF eBook |
Author | Alan Greene |
Publisher | Bloomsbury Publishing |
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.
The Rule of Law in a State of Emergency
Title | The Rule of Law in a State of Emergency PDF eBook |
Author | Camilla Pillay |
Publisher | |
Pages | 408 |
Release | 1997 |
Genre | Human rights |
ISBN |
Permanent States of Emergency and the Rule of Law
Title | Permanent States of Emergency and the Rule of Law PDF eBook |
Author | Alan Greene (Professeur de droit) |
Publisher | |
Pages | |
Release | 2018 |
Genre | Constituent power |
ISBN | 9781509906185 |
The ideal state of emergency -- The permanent state of emergency -- Permanent states of emergency and constituent power -- Permanent states of emergency and legal black holes -- Permanent states of emergency and legal grey holes -- Alternatives to constitutional emergency accommodation -- Resisting the permanent state of emergency