Emergency Powers

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Emergency Powers in Theory and Practice

Author : Michael Head
Publisher : Taylor & Francis
ISBN 13 : 1134795297
Total Pages : 283 pages
Book Rating : 4.1/5 (347 download)

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Book Synopsis Emergency Powers in Theory and Practice by : Michael Head

Download or read book Emergency Powers in Theory and Practice written by Michael Head and published by Taylor & Francis. This book was released on 2017-05-15 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Emergency Powers in Asia

Author : Victor V. Ramraj
Publisher : Cambridge University Press
ISBN 13 : 052176890X
Total Pages : 531 pages
Book Rating : 4.5/5 (217 download)

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Book Synopsis Emergency Powers in Asia by : Victor V. Ramraj

Download or read book Emergency Powers in Asia written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2010 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Emergency Powers in a Time of Pandemic

Author : Greene, Alan
Publisher : Bristol University Press
ISBN 13 : 1529215412
Total Pages : 182 pages
Book Rating : 4.5/5 (292 download)

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Book Synopsis Emergency Powers in a Time of Pandemic by : Greene, Alan

Download or read book Emergency Powers in a Time of Pandemic written by Greene, Alan and published by Bristol University Press. This book was released on 2020-10-29 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.

Emergency Powers of International Organizations

Author : Christian Kreuder-Sonnen
Publisher :
ISBN 13 : 0198832931
Total Pages : 267 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Emergency Powers of International Organizations by : Christian Kreuder-Sonnen

Download or read book Emergency Powers of International Organizations written by Christian Kreuder-Sonnen and published by . This book was released on 2019 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to introduce the concept of emergency powers to the study of International Organizations, to investigate the emergency politics of IOs in comparative perspective, and to examine why IOS are often reluctant to rescind such powers when the motivating threat as passed.

The Law of Emergency Powers

Author : Abhishek Singhvi
Publisher : Springer Nature
ISBN 13 : 9811529973
Total Pages : 336 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis The Law of Emergency Powers by : Abhishek Singhvi

Download or read book The Law of Emergency Powers written by Abhishek Singhvi and published by Springer Nature. This book was released on 2020-10-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

Law in Times of Crisis

Author : Oren Gross
Publisher : Cambridge University Press
ISBN 13 : 1139457756
Total Pages : 48 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Law in Times of Crisis by : Oren Gross

Download or read book Law in Times of Crisis written by Oren Gross and published by Cambridge University Press. This book was released on 2006-10-30 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Emergency Powers in Australia

Author : H. P. Lee
Publisher : Cambridge University Press
ISBN 13 : 1107166535
Total Pages : 315 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Emergency Powers in Australia by : H. P. Lee

Download or read book Emergency Powers in Australia written by H. P. Lee and published by Cambridge University Press. This book was released on 2018-11-15 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: A lucid analysis of the constitutional and legal issues arising from Australian governmental responses to various sorts of emergencies.

Emergency Presidential Power

Author : Chris Edelson
Publisher : University of Wisconsin Pres
ISBN 13 : 0299295338
Total Pages : 376 pages
Book Rating : 4.2/5 (992 download)

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Book Synopsis Emergency Presidential Power by : Chris Edelson

Download or read book Emergency Presidential Power written by Chris Edelson and published by University of Wisconsin Pres. This book was released on 2013-12-19 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University

Emergencies in Public Law

Author : Karin Loevy
Publisher : Cambridge University Press
ISBN 13 : 1316592138
Total Pages : 323 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Emergencies in Public Law by : Karin Loevy

Download or read book Emergencies in Public Law written by Karin Loevy and published by Cambridge University Press. This book was released on 2016-03-11 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.

Courts, Politics and Constitutional Law

Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 189 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

The Jurisprudence of Emergency

Author : Nasser Hussain
Publisher : University of Michigan Press
ISBN 13 : 0472037536
Total Pages : 211 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Jurisprudence of Emergency by : Nasser Hussain

Download or read book The Jurisprudence of Emergency written by Nasser Hussain and published by University of Michigan Press. This book was released on 2019-08-02 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Oxford Handbook of Political Theory

Author : John S Dryzek
Publisher : Oxford University Press, USA
ISBN 13 : 0199548439
Total Pages : 898 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook of Political Theory by : John S Dryzek

Download or read book The Oxford Handbook of Political Theory written by John S Dryzek and published by Oxford University Press, USA. This book was released on 2008-06-12 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.

Not a Suicide Pact

Author : Richard A. Posner
Publisher : Oxford University Press
ISBN 13 : 0195304276
Total Pages : 186 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Not a Suicide Pact by : Richard A. Posner

Download or read book Not a Suicide Pact written by Richard A. Posner and published by Oxford University Press. This book was released on 2006-09 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.

Terror in the Balance

Author : Eric A. Posner
Publisher : Oxford University Press
ISBN 13 : 019531025X
Total Pages : 328 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Terror in the Balance by : Eric A. Posner

Download or read book Terror in the Balance written by Eric A. Posner and published by Oxford University Press. This book was released on 2007-01-04 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Emergency Politics

Author : Bonnie Honig
Publisher : Princeton University Press
ISBN 13 : 0691152594
Total Pages : 218 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Emergency Politics by : Bonnie Honig

Download or read book Emergency Politics written by Bonnie Honig and published by Princeton University Press. This book was released on 2011-08-28 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: A more democratic response to political emergencies This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.

Disaster Citizenship

Author : Jacob A.C. Remes
Publisher : University of Illinois Press
ISBN 13 : 0252097947
Total Pages : 305 pages
Book Rating : 4.2/5 (52 download)

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Book Synopsis Disaster Citizenship by : Jacob A.C. Remes

Download or read book Disaster Citizenship written by Jacob A.C. Remes and published by University of Illinois Press. This book was released on 2015-12-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: A century ago, governments buoyed by Progressive Era–beliefs began to assume greater responsibility for protecting and rescuing citizens. Yet the aftermath of two disasters in the United States–Canada borderlands--the Salem Fire of 1914 and the Halifax Explosion of 1917--saw working class survivors instead turn to friends, neighbors, coworkers, and family members for succor and aid. Both official and unofficial responses, meanwhile, showed how the United States and Canada were linked by experts, workers, and money. In Disaster Citizenship, Jacob A. C. Remes draws on histories of the Salem and Halifax events to explore the institutions--both formal and informal--that ordinary people relied upon in times of crisis. He explores patterns and traditions of self-help, informal order, and solidarity and details how people adapted these traditions when necessary. Yet, as he shows, these methods--though often quick and effective--remained illegible to reformers. Indeed, soldiers, social workers, and reformers wielding extraordinary emergency powers challenged these grassroots practices to impose progressive "solutions" on what they wrongly imagined to be a fractured social landscape.

Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency

Download Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency PDF Online Free

Author : United States. Congress. Senate. Special Committee on the Termination of the National Emergency
Publisher :
ISBN 13 :
Total Pages : 632 pages
Book Rating : 4.3/5 (129 download)

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Book Synopsis Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency by : United States. Congress. Senate. Special Committee on the Termination of the National Emergency

Download or read book Emergency Powers Statutes: Provisions of Federal Law Now in Effect Delegating to the Executive Extraordinary Authority in Time of National Emergency written by United States. Congress. Senate. Special Committee on the Termination of the National Emergency and published by . This book was released on 1973 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: