Law Security And The State Of Perpetual Emergency
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Law Security And The State Of Perpetual Emergency
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Author : Linda S. Bishai
language : en
Publisher: Springer Nature
Release Date : 2020-06-25
Law Security And The State Of Perpetual Emergency written by Linda S. Bishai and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with Political Science categories.
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.
Permanent States Of Emergency And The Rule Of Law
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Author : Alan Greene
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-05
Permanent States Of Emergency And The Rule Of Law written by Alan Greene and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-05 with Law categories.
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.
Homeland Security Law
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Author : Terrence P. Dwyer
language : en
Publisher:
Release Date : 2023-12-21
Homeland Security Law written by Terrence P. Dwyer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-21 with Law categories.
Homeland Security Law: Issues and Analysis provides readers with a comprehensive examination of the legal aspects of homeland security within the United States. It explores the balance between national security measures and the protection of individual liberties as outlined in the U.S. Constitution. The book is structured into four main parts, each addressing different constitutional issues as they relate to homeland security. Part I discusses the definitions and foundations of homeland security, as well as the relationship between the Supremacy Clause and state police powers. Part II explores the separation of powers, focusing on the roles of Congress, the courts, and the executive branch. Part III examines homeland security in the context of the Bill of Rights, analyzing free speech, the right of association, searches and surveillance, and due process, among other related topics. Part IV addresses other constitutional issues such as habeas corpus, immigration, border security, and governmental emergency powers. The book also includes appendices on the case briefing method and selected excerpts of U.S. Supreme Court cases, providing practical insights into the application of legal principles in homeland security. Homeland Security Law is an essential and invaluable resource for courses and programs in American laws and policies related to homeland security.
The Pandemic Crisis And The European Union
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Author : Paulo Vila Maior
language : en
Publisher: Routledge
Release Date : 2021-11-15
The Pandemic Crisis And The European Union written by Paulo Vila Maior and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Political Science categories.
This book assesses the implications of the COVID-19 pandemic for the European Union (EU), as well as its response in dealing with an overarching, multidimensional crisis with consequences extending beyond public health safety to political, economic, legal, and institutional arenas. It argues the pandemic represents a symmetric crisis cutting across countries with different social, economic and political characteristics and which yet - despite favouring cooperative solutions at the supranational level - has largely been met with initial responses of a national, even local, nature. So, how well did the EU perform as a crisis manager in the pandemic crisis? This book will be of key interest to scholars, students and readers of crisis, pandemic and health management, European Union politics and governance.
Ll
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Author : Stephen Dycus
language : en
Publisher: Aspen Publishers
Release Date : 2009-07-31
Ll written by Stephen Dycus and has been published by Aspen Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-31 with Law categories.
Regulating Access And Transfer Of Data
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Author : Björn Lundqvist
language : en
Publisher: Cambridge University Press
Release Date : 2023-04-13
Regulating Access And Transfer Of Data written by Björn Lundqvist and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-13 with Computers categories.
Analyzes the regulation of data access and transfer to understand how internet users can obtain the data they generate.
Empire Emergency And International Law
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Author : John Reynolds
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-10
Empire Emergency And International Law written by John Reynolds and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-10 with Law categories.
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
Transnational Feminist Perspectives On Terror In Literature And Culture
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Author : Basuli Deb
language : en
Publisher: Routledge
Release Date : 2014-11-13
Transnational Feminist Perspectives On Terror In Literature And Culture written by Basuli Deb and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-13 with Literary Criticism categories.
This book offers a transnational feminist response to the gender politics of torture and terror from the viewpoint of populations of color who have come to be associated with acts of terror. Using the War on Terror in Afghanistan and Iraq, this book revisits other such racialized wars in Palestine, Guatemala, India, Algeria, and South Africa. It draws widely on postcolonial literature, photography, films, music, interdisciplinary arts, media/new media, and activism, joining the larger conversation about human rights by addressing the problem of a pervasive public misunderstanding of terrorism conditioned by a foreign and domestic policy perspective. Deb provides an alternative understanding of terrorism as revolutionary dissent against injustice through a postcolonial/transnational lens. The volume brings counter-terror narratives into dialogue with ideologies of gender, race, ethnicity, nationality, class, and religion, addressing the situation of women as both perpetrators and targets of torture, and the possibilities of a dialogue between feminist and queer politics to confront securitized regimes of torture. This book explores the relationship in which social and cultural texts stand with respect to legacies of colonialism and neo-imperialism in a world of transnational feminist solidarities against postcolonial wars on terror.
Articulating Security
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Author : Isobel Roele
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-10
Articulating Security written by Isobel Roele and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with Law categories.
Shows how the United Nations' management of counter-terrorism stifles the law's ability to speak against the injustices of collective security.
Security And Defensive Democracy In Israel
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Author : Sharon Weinblum
language : en
Publisher: Routledge
Release Date : 2015-01-30
Security And Defensive Democracy In Israel written by Sharon Weinblum and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-30 with History categories.
This book scrutinises how political actors in the Israeli parliament (the Knesset) have articulated the security-democracy nexus in their discourses. Security crises expose political leaders to an uncomfortable dilemma: guaranteeing the safety of citizens while at the same time preserving democratic principles, basic rights and liberties. In this respect, Israel represents an archetypical case. Defining itself as a democracy, the state of Israel has been in quasi-constant conflict with its neighbouring countries while facing terror attacks repeatedly. This situation has resulted in the upholding of the state of emergency since the establishment of the state in 1948 and in the enactment of security measures that are often in conflict with democratic values. The tension between security and democracy is not a new question: it has been at the centre of political thought from Rousseau and Locke to Lasswell and Dahl and stood at the core of political debates after 9/11 and the 2005 terror attacks in London. Many studies have questioned how political actors manage this tension or how they could – properly – balance security and democracy. Yet, in spite of the abundant literature on the issue, the manner in which political actors conceptualise and frame this tension has been rarely explored. Even less has been said on the effects of this conceptualisation on the democratic regime. Drawing on discourse theory and on an innovative narrative analysis, the book examines 40 debates held in the Knesset on security-oriented laws enacted in two different contexts: the period of relative calm preceding the first Palestinian intifada (1987) and the period following the eruption of the second intifada (2000). More specifically, three types of laws and discussions are examined: laws establishing a relation between freedom of expression and security; laws linking the category of 'the enemy' to democracy; and finally those connecting the right to family unification and residence of Palestinians with terrorism. Through a comparative analysis of the political actors’ discourses in 1985 and between 2000 and 2011, the study demonstrates that two main narratives have constantly competed: on the one hand a marginal narrative anchored in basic rights and on the other a defensive democracy narrative, which has become dominant. The latter has legitimised the restriction of freedom of expression, freedom to participate in elections, freedom of movement or the right to citizenship. The book shows how the increasing dominance of the defensive democracy narrative has had a fundamental impact in reshaping the polity and the identity of Israel’s democratic regime. The analysis ultimately opens the possibility to rethink the conventional approach of the security-democracy dilemma and to reflect on processes in other states, such as the United Kingdom or the United States during different security crises. This book will be of much interest to students of critical security studies, Israeli politics, democracy studies, political theory and IR in general.