The Jurisprudence Of Emergency
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The Jurisprudence Of Emergency
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Author : Nasser Hussain
language : en
Publisher: University of Michigan Press
Release Date : 2019-08-02
The Jurisprudence Of Emergency written by Nasser Hussain and has been published by University of Michigan Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-02 with History categories.
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 Jurisprudence Of Emergency
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Author : Nasser Hussain
language : en
Publisher:
Release Date : 1995
The Jurisprudence Of Emergency written by Nasser Hussain and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Dissertations, Academic categories.
From The American Civil War To The War On Terror
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Author : Emily Hartz
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-13
From The American Civil War To The War On Terror written by Emily Hartz 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 2012-12-13 with Law categories.
This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis, the book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency.
The Rule Of Crisis
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Author : Pierre Auriel
language : en
Publisher: Springer
Release Date : 2018-03-17
The Rule Of Crisis written by Pierre Auriel and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-17 with Law categories.
This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of 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.
Rule Of Law In A State Of Emergency
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Author : Subrata Roy Chowdhury
language : en
Publisher: Burns & Oates
Release Date : 1989
Rule Of Law In A State Of Emergency written by Subrata Roy Chowdhury and has been published by Burns & Oates this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with Political Science categories.
SCOTT (Copy 1): From the John Holmes Library Collection.
Between The Rule Of Law And States Of Emergency
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Author : Yoav Mehozay
language : en
Publisher: SUNY Press
Release Date : 2016-10-20
Between The Rule Of Law And States Of Emergency written by Yoav Mehozay and has been published by SUNY Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
Raises concerns about the degree to which the rule of law and emergency powers have become fundamentally entangled, using Israel as a case study. Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each others shortcomings. Through a careful dissection of Israels emergency apparatus, Mehozay illustrates that the reach of Israels emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israels governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the war on terror and consider the role of emergency with regard to realms such as political economy.
The Rule Of Law In A State Of Emergency
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Author : Subrata Roy Chowdhury
language : en
Publisher:
Release Date : 1989
The Rule Of Law In A State Of Emergency written by Subrata Roy Chowdhury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1989 with categories.
Emergency Powers In Asia
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Author : Victor V. Ramraj
language : en
Publisher: Cambridge University Press
Release Date : 2010
Emergency Powers In Asia written by Victor V. Ramraj 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 2010 with Law categories.
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Emergencies And The Limits Of Legality
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Author : Victor V. Ramraj
language : en
Publisher: Cambridge University Press
Release Date : 2012-01-12
Emergencies And The Limits Of Legality written by Victor V. Ramraj 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 2012-01-12 with Law categories.
Most modern states turn swiftly to law in an emergency. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well documented. Yet there is an ever-present danger, borne out by historical and contemporary events, that even the most well-meaning executive, armed with extraordinary powers, will abuse them. This inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality? This collection of essays - at the intersection of legal, political and social theory and practice - explores law's capacity to constrain state power in times of crisis.