Permanent States Of Emergency And The Rule Of Law
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Permanent States Of Emergency And The Rule Of Law
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Author : Alan Greene (Professeur de droit)
language : en
Publisher:
Release Date : 2018
Permanent States Of Emergency And The Rule Of Law written by Alan Greene (Professeur de droit) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Constituent power categories.
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
Emergency Powers In A Time Of Pandemic
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Author : Greene, Alan
language : en
Publisher: Bristol University Press
Release Date : 2020-10-29
Emergency Powers In A Time Of Pandemic written by Greene, Alan and has been published by Bristol University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-29 with Law categories.
How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.
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.
Permanent State Of Emergency
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Author : Ryan Alford
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2017-06-01
Permanent State Of Emergency written by Ryan Alford and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-06-01 with Political Science categories.
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.
Emergency Powers
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Author : Jakub Jinek
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2020
Emergency Powers written by Jakub Jinek and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Executive power categories.
The problem of the state of emergency has become topical in the last two decades in connection with security, financial and health crises. These events pose a challenge to liberal democracy because they can bring political representatives to the brink of legality and, at least potentially, seem to legitimise procedures that would otherwise be questionable in a liberal democracy. Some authors have even expressed concerns that the exception has gradually become the new normality and that we live (almost without realising it) in a permanent exception. In response, experts have reflected on whether the state of emergency is a suitable means of resolving crises and whether there are other models that are more appropriate in terms of the interest in maintaining liberal democracy. The aim of the book is to provide a scientific reflection on the state of emergency and to discuss related concepts.
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.
The Constitution Of Law
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Author : David Dyzenhaus
language : en
Publisher: Cambridge University Press
Release Date : 2006-10-05
The Constitution Of Law written by David Dyzenhaus 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 2006-10-05 with Law categories.
Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.
Law In Times Of Crisis
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Author : Oren Gross
language : en
Publisher: Cambridge University Press
Release Date : 2006-10-30
Law In Times Of Crisis written by Oren Gross 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 2006-10-30 with Political Science categories.
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.
Post 9 11 And The State Of Permanent Legal Emergency
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Author : Aniceto Masferrer
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-05-09
Post 9 11 And The State Of Permanent Legal Emergency written by Aniceto Masferrer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-05-09 with Law categories.
The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.
Seven Absolute Rights
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Author : Ryan Alford
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2020-05-21
Seven Absolute Rights written by Ryan Alford and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-21 with Political Science categories.
For 150 years, Canada's constitutional order has been both flexible and durable, ensuring peace, order, and good government while protecting the absolute rights at the core of the rule of law. In this era of transnational terrorism and proliferating emergency powers, it is essential to revisit how and why our constitutional order developed particular limits on the government's powers, which remain in force despite war, rebellion, and insurrection. Seven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution. Ryan Alford provides a gripping narrative of constitutional history, beginning with the medieval and early modern context of Magna Carta, the Petition of Right, and the constitutional settlement of the Glorious Revolution. His reconstruction ends with a detailed examination of two pre-Confederation crises: the rebellions of 1837–38 and the riots of 1849, which, as he demonstrates, provide the missing constitutionalist context to the framing of the British North America Act. Through this accessible exploration of key events and legal precedents, Alford offers a distinct perspective on the substantive principles of the rule of law embedded in Canada's Constitution. In bringing constitutional history to life, Seven Absolute Rights reveals the history and meaning of these long-forgotten protections and shows why they remain fundamental to our freedom in the twenty-first century.