Sovereignty, Emergency, Legality

Sovereignty, Emergency, Legality PDF

Author: Austin Sarat

Publisher: Cambridge University Press

Published: 2010-02-26

Total Pages: 313

ISBN-13: 1139483773

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It is widely recognized that times of national emergency put legality to its greatest test. In such times we rely on sovereign power to rescue us, to hold the danger at bay. Yet that power can and often does threaten the values of legality itself. Sovereignty, Emergency, Legality examines law's complex relationship to sovereign power and emergency conditions. It puts today's responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations. And, in all this, it suggests the need to be less abstract in the way we discuss sovereignty, emergency, and legality. This book concentrates on officials and the choices they make in defining, anticipating, and responding to conditions of emergency as well as the impact of their choices on embodied subjects, whether citizen or stranger.

Necessity and National Emergency Clauses

Necessity and National Emergency Clauses PDF

Author: Diane A. Desierto

Publisher: Martinus Nijhoff Publishers

Published: 2012-01-05

Total Pages: 433

ISBN-13: 9004218521

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Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.

The Jurisprudence of Emergency

The Jurisprudence of Emergency PDF

Author: Nasser Hussain

Publisher: University of Michigan Press

Published: 2019-08-02

Total Pages: 211

ISBN-13: 0472037536

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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.

Emergencies and the Limits of Legality

Emergencies and the Limits of Legality PDF

Author: Victor V. Ramraj

Publisher: Cambridge University Press

Published: 2012-01-12

Total Pages: 0

ISBN-13: 9781107403901

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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.

The Constitution of Law

The Constitution of Law PDF

Author: David Dyzenhaus

Publisher: Cambridge University Press

Published: 2006-10-05

Total Pages: 9

ISBN-13: 1139460501

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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.

A Principled Approach to State Failure

A Principled Approach to State Failure PDF

Author: Chiara Giorgetti

Publisher: BRILL

Published: 2010-03-08

Total Pages: 216

ISBN-13: 9004181288

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This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.

Empire, Emergency and International Law

Empire, Emergency and International Law PDF

Author: John Reynolds

Publisher: Cambridge University Press

Published: 2017-08-10

Total Pages: 343

ISBN-13: 1107172519

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This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.

Global Anti-Terrorism Law and Policy

Global Anti-Terrorism Law and Policy PDF

Author: Victor V. Ramraj

Publisher: Cambridge University Press

Published: 2012-01-12

Total Pages: 703

ISBN-13: 1139505246

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Preventing acts of terrorism remains one of the major tasks of domestic governments and regional and international organisations. Terrorism transcends borders, so anti-terrorism law must cross the boundaries of domestic, regional and international law. It also crosses traditional disciplinary boundaries between administrative, constitutional, criminal, financial, immigration, international and military law, as well as the law of war. This second edition provides a comprehensive resource on how domestic, regional and international responses to terrorism have developed since 2001. Chapters that focus on a particular country or region in the Americas, Europe, Africa and Asia are complemented by overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy.

Emergencies and the Limits of Legality

Emergencies and the Limits of Legality PDF

Author: Victor V. Ramraj

Publisher: Cambridge University Press

Published: 2008-11-13

Total Pages: 428

ISBN-13: 9780521895996

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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.

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