Author: Nasser Hussain Publisher: University of Michigan Press ISBN: 0472037536 Category : History Languages : en Pages : 211
Book Description
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.
Author: David Dyzenhaus Publisher: Cambridge University Press ISBN: 1139460501 Category : Law Languages : en Pages : 9
Book Description
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.
Author: John Reynolds Publisher: Cambridge University Press ISBN: 1107172519 Category : Law Languages : en Pages : 343
Book Description
This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
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: Emily Hartz Publisher: Springer Science & Business Media ISBN: 3642326331 Category : Law Languages : en Pages : 117
Book Description
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.
Author: Austin Sarat Publisher: Cambridge University Press ISBN: 1139483773 Category : Law Languages : en Pages : 313
Book Description
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.
Author: Michael Head Publisher: Taylor & Francis ISBN: 1134795297 Category : Law Languages : en Pages : 256
Book Description
Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.
Author: Imtiaz Omar Publisher: BRILL ISBN: 9004481095 Category : Law Languages : en Pages : 235
Book Description
The fundamental premise of this study is that where Constitutions, such as that of India and Pakistan, articulate legal norms which limit the scope of the executive power to derogate from individual rights during states of emergency, there must likewise exist an effective control mechanism to ensure that the Executive acts within the scope of that power. Viewed from this perspective, the judicial power to interpret the Constitution imposes upon the Court the constitutional duty to provide adequate safeguards against the abuse of state power affecting individual rights. This power remains available notwithstanding the presumed or purported ouster of judicial review. The concept of judicial review as a source of control is examined in the light of the experience of Pakistan and India during periods of constitutional emergency. The divergent approaches of the Courts in these countries, in litigation concerning emergency powers and individual rights, are explained in terms of divergent views that these Courts have adopted with respect to the nature of judicial review.
Author: Nasser Hussain
Author: David Dyzenhaus
Author: John Reynolds
Author: Oren Gross
Author: Emily Hartz
Author: Victor V. Ramraj
Author: Austin Sarat
Author: Michael Head
Author: ERIC. BLOCK
Author: Imtiaz Omar