Law, Security and the State of Perpetual Emergency PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Law, Security and the State of Perpetual Emergency PDF full book. Access full book title Law, Security and the State of Perpetual Emergency by Linda S. Bishai. Download full books in PDF and EPUB format.
Author: Linda S. Bishai Publisher: Springer Nature ISBN: 3030449599 Category : Political Science Languages : en Pages : 289
Book Description
Presenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
Author: Linda S. Bishai Publisher: Springer Nature ISBN: 3030449599 Category : Political Science Languages : en Pages : 289
Book Description
Presenting diverse contributors from legal, academic, and practitioner sectors, this book illustrates how the distinctions between international and domestic law are falling away in the context of security, particularly in the responses to terrorism, and explores the implications of these dramatic shifts in the normative order. Fundamental changes in the powers of the state and the rights of populations have accelerated since the globalized response to 9/11, creating effects that spread beyond borders and operate in a new, as yet under-conceptualized space. Although these altered practices were said to be in response to exceptional circumstances — a response to terrorism — they have become increasingly established in an altered baseline norm. This book explores the (inter)national implications of exceptional legal efforts to protect states’ domestic space in the realm of security.
Author: Oren Gross Publisher: Cambridge University Press ISBN: 1139457756 Category : Political Science Languages : en Pages : 48
Book Description
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.
Author: Alan Greene Publisher: Bloomsbury Publishing ISBN: 1509906169 Category : Law Languages : en Pages : 367
Book Description
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.
Author: Paulo Vila Maior Publisher: Routledge ISBN: 1000470938 Category : Political Science Languages : en Pages : 129
Book Description
This book assesses the implications of the COVID-19 pandemic for the European Union (EU), as well as its response in dealing with an overarching, multidimensional crisis with consequences extending beyond public health safety to political, economic, legal, and institutional arenas. It argues the pandemic represents a symmetric crisis cutting across countries with different social, economic and political characteristics and which yet - despite favouring cooperative solutions at the supranational level - has largely been met with initial responses of a national, even local, nature. So, how well did the EU perform as a crisis manager in the pandemic crisis? This book will be of key interest to scholars, students and readers of crisis, pandemic and health management, European Union politics and governance.
Author: John Reynolds Publisher: Cambridge University Press ISBN: 1316781100 Category : Law Languages : en Pages :
Book Description
What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.
Author: Basuli Deb Publisher: Routledge ISBN: 1317632109 Category : Literary Criticism Languages : en Pages : 213
Book Description
This book offers a transnational feminist response to the gender politics of torture and terror from the viewpoint of populations of color who have come to be associated with acts of terror. Using the War on Terror in Afghanistan and Iraq, this book revisits other such racialized wars in Palestine, Guatemala, India, Algeria, and South Africa. It draws widely on postcolonial literature, photography, films, music, interdisciplinary arts, media/new media, and activism, joining the larger conversation about human rights by addressing the problem of a pervasive public misunderstanding of terrorism conditioned by a foreign and domestic policy perspective. Deb provides an alternative understanding of terrorism as revolutionary dissent against injustice through a postcolonial/transnational lens. The volume brings counter-terror narratives into dialogue with ideologies of gender, race, ethnicity, nationality, class, and religion, addressing the situation of women as both perpetrators and targets of torture, and the possibilities of a dialogue between feminist and queer politics to confront securitized regimes of torture. This book explores the relationship in which social and cultural texts stand with respect to legacies of colonialism and neo-imperialism in a world of transnational feminist solidarities against postcolonial wars on terror.
Author: Sharon Weinblum Publisher: Routledge ISBN: 1317584503 Category : History Languages : en Pages : 192
Book Description
This book scrutinises how political actors in the Israeli parliament (the Knesset) have articulated the security-democracy nexus in their discourses. Security crises expose political leaders to an uncomfortable dilemma: guaranteeing the safety of citizens while at the same time preserving democratic principles, basic rights and liberties. In this respect, Israel represents an archetypical case. Defining itself as a democracy, the state of Israel has been in quasi-constant conflict with its neighbouring countries while facing terror attacks repeatedly. This situation has resulted in the upholding of the state of emergency since the establishment of the state in 1948 and in the enactment of security measures that are often in conflict with democratic values. The tension between security and democracy is not a new question: it has been at the centre of political thought from Rousseau and Locke to Lasswell and Dahl and stood at the core of political debates after 9/11 and the 2005 terror attacks in London. Many studies have questioned how political actors manage this tension or how they could – properly – balance security and democracy. Yet, in spite of the abundant literature on the issue, the manner in which political actors conceptualise and frame this tension has been rarely explored. Even less has been said on the effects of this conceptualisation on the democratic regime. Drawing on discourse theory and on an innovative narrative analysis, the book examines 40 debates held in the Knesset on security-oriented laws enacted in two different contexts: the period of relative calm preceding the first Palestinian intifada (1987) and the period following the eruption of the second intifada (2000). More specifically, three types of laws and discussions are examined: laws establishing a relation between freedom of expression and security; laws linking the category of 'the enemy' to democracy; and finally those connecting the right to family unification and residence of Palestinians with terrorism. Through a comparative analysis of the political actors’ discourses in 1985 and between 2000 and 2011, the study demonstrates that two main narratives have constantly competed: on the one hand a marginal narrative anchored in basic rights and on the other a defensive democracy narrative, which has become dominant. The latter has legitimised the restriction of freedom of expression, freedom to participate in elections, freedom of movement or the right to citizenship. The book shows how the increasing dominance of the defensive democracy narrative has had a fundamental impact in reshaping the polity and the identity of Israel’s democratic regime. The analysis ultimately opens the possibility to rethink the conventional approach of the security-democracy dilemma and to reflect on processes in other states, such as the United Kingdom or the United States during different security crises. This book will be of much interest to students of critical security studies, Israeli politics, democracy studies, political theory and IR in general.
Author: Tamir Moustafa Publisher: Cambridge University Press ISBN: 1139465112 Category : Law Languages : en Pages :
Book Description
For nearly three decades, scholars and policymakers have placed considerable stock in judicial reform as a panacea for the political and economic turmoil plaguing developing countries. Courts are charged with spurring economic development, safeguarding human rights, and even facilitating transitions to democracy. How realistic are these expectations, and in what political contexts can judicial reforms deliver their expected benefits? This book addresses these issues through an examination of the politics of the Egyptian Supreme Constitutional Court, the most important experiment in constitutionalism in the Arab world. The Egyptian regime established a surprisingly independent constitutional court to address a series of economic and administrative pathologies that lie at the heart of authoritarian political systems. Although the Court helped the regime to institutionalize state functions and attract investment, it simultaneously opened new avenues through which rights advocates and opposition parties could challenge the regime. The book challenges conventional wisdom and provides insights into perennial questions concerning the barriers to institutional development, economic growth, and democracy in the developing world.
Author: Gilad Ben-Nun Publisher: Bloomsbury Publishing ISBN: 1786721333 Category : History Languages : en Pages : 317
Book Description
Since 2005, approximately 70,000 asylum-seeking refugees from Sudan and Eritrea have entered Israel. This, along with the highly publicised anti-African immigrant riots in Israel in 2012 and 2014 and the current global refugee crisis, has meant that the issue of African migration has become increasingly controversial. Here Gilad Ben-Nun looks at this phenomenon in its historical and contemporary contexts, and compares it to the wider debates surrounding the Palestinian refugees in the region and the concept of their right of return. He argues that this newer, African migration issue has forced Israel to move from conceiving of itself as an 'exceptional' state and now has to view itself as a more 'normal' and 'universal' entity. Ranging as far back as Israel's important role in the the ratification drafting of the 1951 Refugee Convention and drawing on a variety of methodologies and sources, Ben-Nun offers a wide-ranging legal, social and historical examination of asylum in Israel, that sheds timely light onto themes of migration and identity across the Middle East. This is essential reading for legal historians and lawyers, as well as scholars working on migration studies and the history and politics of the Middle East.
Author: Linda S. Bishai
Author: Linda S. Bishai
Author: Oren Gross
Author: Alan Greene
Author: Paulo Vila Maior
Author: Björn Lundqvist
Author: John Reynolds
Author: Basuli Deb
Author: Sharon Weinblum
Author: Tamir Moustafa
Author: Gilad Ben-Nun