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Judicial Responsibility and Coups d’État

Author: Kriangsak Kittichaisaree

Publisher: Taylor & Francis

Published: 2023-02-10

Total Pages: 265

ISBN-13: 1000836290

This book examines the responsibility of judges of domestic courts following unconstitutional usurpation of power of government (coups d’état). It explores judges’ liability for failing to discharge their judicial duty independently and impartially, and the criminality of usurpers and their accomplices and collaborators for their violation of fundamental rights and freedoms or commission of crimes of international concern. Written by a highly regarded non-Western author, the book is coherent and meticulously researched, covering an approach to coups in an insightful and fascinating fashion. It includes a sophisticated and thorough analysis of the relevant comparative jurisprudence of domestic and international courts, with concrete examples of the best practices among decisions of domestic courts in countries that have experienced coups d’état. With an increasing global interest in the phenomenon of coups, democratic backsliding and the place and role of the judiciary as the only hope to rein in acts of unconstitutional usurpation of power, the book will be essential reading for members of the legal profession, those cherishing democracy as well as students and researchers in constitutional law, law and political science, public international law, international human rights law, international criminal law, regime changes, transitional justice and international organizations.

The Democratic Coup D'état

Author: Ozan O. Varol

Publisher: Oxford University Press

Published: 2017

Total Pages: 249

ISBN-13: 019062602X

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The term coup d'état--French for stroke of the state--brings to mind coups staged by power-hungry generals who overthrow the existing regime, not to democratize, but to concentrate power in their own hands as dictators. We assume all coups look the same, smell the same, and present the same threats to democracy. It's a powerful, concise, and self-reinforcing idea. It's also wrong. In The Democratic Coup d'État, Ozan Varol advances a simple, yet controversial, argument: Sometimes, a democracy is established through a military coup. Covering events from the Athenian Navy's stance in 411 B.C. against a tyrannical home government, to coups in the American colonies that ousted corrupt British governors, to twentieth-century coups that toppled dictators and established democracy in countries as diverse as Guinea-Bissau, Portugal, and Colombia, the book takes the reader on a gripping journey. Connecting the dots between these neglected events, Varol weaves a balanced narrative that challenges everything we thought we knew about military coups. In so doing, he tackles several baffling questions: How can an event as undemocratic as a military coup lead to democracy? Why would imposing generals-armed with tanks and guns and all-voluntarily surrender power to civilian politicians? What distinguishes militaries that help build democracies from those that destroy them? Varol's arguments made headlines across the globe in major media outlets and were cited critically in a public speech by Turkish President Recep Tayyip Erdogan. Written for a general audience, this book will entertain, challenge, and provoke, but more importantly, serve as a reminder of the imperative to question the standard narratives about our world and engage with all ideas, no matter how controversial.

How to Prevent Coups d'État

Author: Erica De Bruin

Publisher: Cornell University Press

Published: 2020-11-15

Total Pages: 147

ISBN-13: 1501751921

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In this lively and provocative book, Erica De Bruin looks at the threats that rulers face from their own armed forces. Can they make their regimes impervious to coups? How to Prevent Coups d'État shows that how leaders organize their coercive institutions has a profound effect on the survival of their regimes. When rulers use presidential guards, militarized police, and militia to counterbalance the regular military, efforts to oust them from power via coups d'état are less likely to succeed. Even as counterbalancing helps to prevent successful interventions, however, the resentment that it generates within the regular military can provoke new coup attempts. And because counterbalancing changes how soldiers and police perceive the costs and benefits of a successful overthrow, it can create incentives for protracted fighting that result in the escalation of a coup into full-blown civil war. Drawing on an original dataset of state security forces in 110 countries over a span of fifty years, as well as case studies of coup attempts in Asia, Africa, Latin America, and the Middle East, De Bruin sheds light on how counterbalancing affects regime survival. Understanding the dynamics of counterbalancing, she shows, can help analysts predict when coups will occur, whether they will succeed, and how violent they are likely to be. The arguments and evidence in this book suggest that while counterbalancing may prevent successful coups, it is a risky strategy to pursue—and one that may weaken regimes in the long term.

Judges Against Justice

Author: Hans Petter Graver

Publisher: Springer

Published: 2014-09-11

Total Pages: 297

ISBN-13: 3662442930

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This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?

General Theory of Law and State

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

Published: 2009

Total Pages: 544

ISBN-13: 1584777176

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Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

How to Stage a Military Coup

Author: Ken Connor

Publisher: Skyhorse Publishing Inc.

Published: 2009-03-26

Total Pages: 225

ISBN-13: 1602393753

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Fed up with taxes? Angered and disappointed by corrupt leaders? How to Stage a Military Coup lays down practical strategies that have proven themselves around the globe. David Hebditch and Ken Connor examine, with a critical eye, successful as well as failed coup attempts throughout the twentieth century with the aim of showing their readers just what it takes to swiftly and soundly overthrow a government. Exploring coups from Nigeria, to Cuba, to Iraq, and with true stories of SAS combat written by Ken Connor, the book gives an insightful glimpse into this violent and rarely-seen world of shifting power. How to Stage a Military Coup is a unique textbook for the armchair revolutionary, as well as a practical guide for the idealist with a soft spot for the sound of artillery fire. From evaluation of the political climate and investigation of potential allies, to recruiting and training personnel, to strategies for ensuring timely transfer of power, the book leaves no aspect of the coup d'état unexamined. The book also includes appendixes, notes, and a world map of coups d'état.

Theories of International Responsibility Law

Author: Samantha Besson

Publisher: Cambridge University Press

Published: 2022-09-08

Total Pages: 371

ISBN-13: 1009208535

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A dialogue between international responsibility lawyers and legal philosophers laying the groundwork for new research and legal reform.

The Coup D'état of the New Orleans Public Schools

Author: Raynard Sanders

Publisher: Education and Struggle

Published: 2018

Total Pages: 0

ISBN-13: 9781433137440

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The coup d'état -- Privatize public education: New Orleans the perfect place -- Intended and unintended consequences; the assault on the children and the citizens in New Orleans -- School communities disenfranchised and destroyed -- The New Orleans public school gold rush -- New Orleans publicly funded private school system.

Concepts for International Law

Author: Jean d’Aspremont

Publisher: Edward Elgar Publishing

Published: 2018

Total Pages: 960

ISBN-13: 1783474688

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Concepts shape how we understand and participate in international legal affairs. They are an important site for order, struggle and change. This comprehensive and authoritative volume introduces a large number of concepts that have shaped, at various points in history, international legal practice and thought; intimates at how the many projects of international law have grappled with, and influenced, the world through certain concepts; and introduces new concepts into the discipline.

Seizing Power

Author: Naunihal Singh

Publisher: JHU Press

Published: 2014-07-01

Total Pages: 265

ISBN-13: 142141337X

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How coups happen and why half of them fail. While coups drive a majority of regime changes and are responsible for the overthrow of many democratic governments, there has been very little empirical work on the subject. Seizing Power develops a new theory of coup dynamics and outcomes, drawing on 300 hours of interviews with coup participants and an original dataset of 471 coup attempts worldwide from 1950 to 2000. Naunihal Singh delivers a concise and empirical evaluation, arguing that understanding the dynamics of military factions is essential to predicting the success or failure of coups. Singh draws on an aspect of game theory known as a coordination game to explain coup dynamics. He finds a strong correlation between successful coups and the ability of military actors to project control and the inevitability of success. Examining Ghana’s multiple coups and the 1991 coup attempt in the USSR, Singh shows how military actors project an image of impending victory that is often more powerful than the reality on the ground. In addition, Singh also identifies three distinct types of coup dynamics, each with a different probability of success, based on where within the organization each coup originated: coups from top military officers, coups from the middle ranks, and mutinous coups from low-level soldiers.