Post 9 11 And The State Of Permanent Legal Emergency
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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.
Post 9 11 And The State Of Permanent Legal Emergency
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Author : Aniceto Masferrer Domingo
language : en
Publisher: Springer
Release Date : 2012-05-09
Post 9 11 And The State Of Permanent Legal Emergency written by Aniceto Masferrer Domingo and has been published by Springer 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.
States Of Emergency And Human Rights Protection
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Author : Monika Florczak-Wątor
language : en
Publisher: Taylor & Francis
Release Date : 2024-02-13
States Of Emergency And Human Rights Protection written by Monika Florczak-Wątor and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-13 with Law categories.
Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.
Preventive Detention Of Terror Suspects
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Author : Diane Webber
language : en
Publisher: Routledge
Release Date : 2016-01-08
Preventive Detention Of Terror Suspects written by Diane Webber and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-08 with Law categories.
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
Counter Terrorism Human Rights And The Rule Of Law
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Author : Aniceto Masferrer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-09-30
Counter Terrorism Human Rights And The Rule Of Law written by Aniceto Masferrer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09-30 with Political Science categories.
ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
International Criminal Law A Counter Hegemonic Project
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Author : Florian Jeßberger
language : en
Publisher: Springer Nature
Release Date : 2022-11-25
International Criminal Law A Counter Hegemonic Project written by Florian Jeßberger and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-25 with Law categories.
This book enquires into the counter-hegemonic capacity of international criminal justice. It highlights perspectives and themes that have thus far often been neglected in the scholarship on (critical approaches to) international criminal justice. Can international criminal justice be viewed as a ‘counter-hegemonic’ project? And if so, under what conditions? In response to these questions, scholars and practitioners from the Global South and North reflect inter alia on the engagement with international criminal justice in the context of Ukraine, Palestine, and minorities in South-Asia while also highlighting the hegemonic tendencies built into the institutional structure of the International Criminal Court on the axes of gender and language. Florian Jeßberger is Professor of Criminal Law and Director of the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany. Leonie Steinl is a Senior Lecturer in Criminal Law at Humboldt-Universität zu Berlin, Germany. Kalika Mehta is an Associate Researcher at the Franz von Liszt Institute for International Criminal Justice, Humboldt-Universität zu Berlin, Germany.
Preventing Terrorism And Controlling Risk
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Author : Susan Donkin
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-09-14
Preventing Terrorism And Controlling Risk written by Susan Donkin 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 2013-09-14 with Social Science categories.
This Brief takes a provocative look at existing socio-legal literature with a comparative study of terrorism control orders, focusing on how the concept of pre-emption fits within a traditional criminological framework. This timely work examines how such measures might be conceived and interpreted within a situational crime prevention approach. Over the past decade, socio-legal scholars have identified a rise in pre-emptive control mechanisms to respond to terrorism and other threats in the post-9/11 world. Many have argued that this pre-emptive rationale has been used to justify the introduction of measures that transcend established legal and risk frameworks, to deal with individuals or groups thought to pose a threat to the state or its citizens. Preventing Terrorism and Controlling Risk: A Comparative Analysis of Control Orders in the UK and Australia will be of interest to researchers in Criminology and Criminal Justice, particularly with a focus on terrorism, risk assessment, and human rights.
Routledge Handbook Of Law And Terrorism
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Author : Genevieve Lennon
language : en
Publisher: Routledge
Release Date : 2015-07-16
Routledge Handbook Of Law And Terrorism written by Genevieve Lennon and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-16 with Law categories.
In the years since 9/11, counter-terrorism law and policy has proliferated across the world. This handbook comprehensively surveys how the law has been deployed in all aspects of counter-terrorism. It provides an authoritative and critical analysis of counter-terrorism laws in domestic jurisdictions, taking a comparative approach to a range of jurisdictions, especially the UK, the US, Australia, Canada, and Europe. The contributions to the book are written by experts in the field of terrorism law and policy, allowing for discussion of a wide range of regulatory responses and strategies of governance. The book is divided into four parts, reflective of established counter-terrorism strategic approaches, and covers key themes such as: Policing and special powers, including surveillance Criminal offences and court processes Prevention of radicalisation and manifestations of extremism Protective/preparative security The penology of terrorism In addressing counter-terrorism laws across a broad range of topics and jurisdictions, the handbook will be of great interest and use to researchers, students and practitioners in criminal law, counter-terrorism, and security studies.
The Problems Of Genocide
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Author : A. Dirk Moses
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-04
The Problems Of Genocide written by A. Dirk Moses 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 2021-02-04 with History categories.
Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.
The Palgrave Handbook Of Criminal And Terrorism Financing Law
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Author : Colin King
language : en
Publisher: Springer
Release Date : 2018-05-04
The Palgrave Handbook Of Criminal And Terrorism Financing Law written by Colin King and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-04 with Social Science categories.
The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.