Balancing Security And Liberty
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Terror In The Balance
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Author : Eric A. Posner
language : en
Publisher: Oxford University Press
Release Date : 2007-01-04
Terror In The Balance written by Eric A. Posner and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-01-04 with Law categories.
In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.
Symposium
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Author :
language : en
Publisher:
Release Date : 2005
Symposium written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Civil rights categories.
Balancing Liberty And Security
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Author : Kate Moss
language : en
Publisher: Springer
Release Date : 2011-10-26
Balancing Liberty And Security written by Kate Moss and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-26 with Law categories.
Examining the erosion of people's democratic rights and the potential catastrophic dangers of neglecting civil liberties, this book explores the endemic danger of the enlarged power of the state and the central role of Government in undermining personal freedoms through the use of state force in the name of the protection of security.
Balancing Security And Liberty In Germany
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Author : Russell Miller
language : en
Publisher:
Release Date : 2012
Balancing Security And Liberty In Germany written by Russell Miller and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
Scholarly discourse over America's national security policy frequently invites comparison with Germany's policy. Interest in Germany's national security jurisprudence arises because, like the United States, Germany is a constitutional democracy. Yet, in contrast to the United States, Germany's historical encounters with violent authoritarian, anti-democratic, and terrorist movements have endowed it with a wealth of constitutional experience in balancing security and liberty. The first of these historical encounters - with National Socialism - provided the legacy against which Germany's post-World War II constitutional order is fundamentally defined. The second encounter - with leftist domestic radicalism in the 1970s and 1980s - required the maturing German democracy to react to domestic terrorism. The third encounter - the security threat posed in the post-9/11 world by global fundamentalist terrorism - reveals Germany's still unfolding response to global fundamentalist terrorism. Throughout the whole of its sixty-year existence, the Federal Republic of Germany has been engaged in a constitutional balancing of security and liberty in response to, or anticipation of, actual authoritarian and terrorist threats, which the United States, at least prior to 2001, had been fortunate to avoid. To scholars such as Bruce Ackerman, Germany seems a fitting candidate to teach the United States lessons from its experience with the struggle to honor constitutional commitments to liberty while maintaining national security in the face of terrorist threats. This essay answers Ackerman's comparative law summons by providing a brief survey of the decades-long struggle of German jurisprudence to balance security and liberty. The most noteworthy feature of this jurisprudence is the prominent role played by the Bundesverfassungsgericht (Federal Constitutional Court, hereinafter referred to as Constitutional Court, or Court) and its explicit use of proportionality and balancing analyses to resolve these cases. One consequence of the latter phenomenon that is sure to interest hawks in America's so-called “war on terror” is the Court's acknowledgment that national security is a public, constitutional interest of the highest order. American progressives, on the other hand, will take hope from the fact that the Court's proportionality and balancing praxis has meant that national security is regarded as only one among many competing constitutional values, including human dignity, privacy, and individual self-determination. Notwithstanding the high importance that German jurisprudence attributes to national security, the Constitutional Court never has treated it as an absolute value that must be secured at any cost. The practical consequence of the Constitutional Court's balancing approach to maintain both security and liberty has been a shifting jurisprudence, a fact that is bound to buoy and bother American conservatives and progressives in equal measure. There is something in the Court's cases for both camps. Before 9/11, the Court deferred to the legislature's attempts at promoting security. This inclination, however, changed dramatically in the post-9/11 period. In a string of cases the Court has consistently invalidated national security legislation for failing to adequately take account of constitutionally protected liberty interests. After providing a sketch of the German jurisprudence I will offer a few brief observations that, with additional research, might help explain the Court's recent change in direction - and more fully illuminate the lessons Germany's national security jurisprudence has to offer.
America S Challenges In An Unstable World
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Author : Frances K. Scott
language : en
Publisher:
Release Date : 2002
America S Challenges In An Unstable World written by Frances K. Scott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Civil rights categories.
America S Challenges In An Unstable World
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Author : Frances K. Scott
language : en
Publisher:
Release Date : 2002
America S Challenges In An Unstable World written by Frances K. Scott and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Civil rights categories.
Terrorism And The Balance Between Freedom And Security
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Author : Florian Seidl
language : en
Publisher: GRIN Verlag
Release Date : 2007-09-30
Terrorism And The Balance Between Freedom And Security written by Florian Seidl and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-09-30 with Political Science categories.
Seminar paper from the year 2005 in the subject Sociology - War and Peace, Military, grade: 2,3, Friedrich-Alexander University Erlangen-Nuremberg, course: Terrorism, National Security and Constitutional Rights, 8 entries in the bibliography, language: English, abstract: The purpose of this paper is to discuss how the reaction to the new quality of terrorism after September 11, 2001 affects the balance between freedom and civil liberties on the one side, and national and public security on the other side. On the example of the Federal Republic of Germany it is examined, what civil liberties are affected and how. Before doing this, the issue of the perception of terrorism is shortly illuminated. The last part of the paper calls for the engagement of social scientists in response to the curbing of civil liberties and finally gives an outlook on the future development of the balance between freedom and security.
Balancing Security And Liberty
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Author : Zunyou Zhou
language : en
Publisher:
Release Date : 2014
Balancing Security And Liberty written by Zunyou Zhou and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Civil rights categories.
Based on author's thesis (doctoral) Universitèat Freiburg, 2012.
Terror In The Balance
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Author : Eric A. Posner
language : en
Publisher:
Release Date : 2023
Terror In The Balance written by Eric A. Posner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Civil rights categories.
Freedom Vs Security
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Author : Nicholas DiBiase
language : en
Publisher:
Release Date : 2010
Freedom Vs Security written by Nicholas DiBiase and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Civil rights categories.
Offers users diverse viewpoints on the ongoing debate over the balance between personal liberty and community security.
