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Executive Measures Terrorism And National Security Have The Rules Of The Game Changed
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Book Synopsis Executive Measures, Terrorism and National Security by : David Bonner
Download or read book Executive Measures, Terrorism and National Security written by David Bonner and published by Routledge. This book was released on 2016-04-15 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.
Book Synopsis Executive Measures, Terrorism and National Security by : Professor David Bonner
Download or read book Executive Measures, Terrorism and National Security written by Professor David Bonner and published by Ashgate Publishing, Ltd.. This book was released on 2013-01-28 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Bonner presents an historical and contemporary legal analysis of UK governmental use of executive measures, rather than criminal process, to deal with national security threats. The work examines measures of internment, deportation and restriction on movement deployed in the UK and (along with the imposition of collective punishment) also in three emergencies forming part of its withdrawal from colonial empire: Cyprus, Kenya and Malaya. These situations, along with that of Northern Ireland, are used to probe the strengths and weaknesses of ECHR supervision. It is argued that a new human rights era ushered in by a more confident Court of Human Rights and a more confident national judiciary armed with the HRA 1998, has moved us towards greater judicial scrutiny of the application of these measures - a move away from unfettered and unreviewable executive discretion.
Book Synopsis National Security, Public Health: Exceptions to Human Rights? by : Myriam Feinberg
Download or read book National Security, Public Health: Exceptions to Human Rights? written by Myriam Feinberg and published by Routledge. This book was released on 2017-10-02 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with the complicated relationships between national security and human rights, and between public health and human rights. Its premise is the fact that national security and public health are both included in human rights instruments as ‘exceptions’ to the human rights therein sanctioned, yet they can arguably be considered as human rights themselves and be equally valuable. The book therefore asks to what extent the protection of the individual could – or should – be overridden to enable the protection of the national security or public health of the general public. Both practice and case law have shown that human rights risk being set aside when they clash with the protection of national security or public health. Through theoretical analysis and practical examples, the book addresses the conflicts that arise when the concepts of national security and public health are used – and abused – and other rights, including freedom of speech, procedural freedoms, individual health, are violated as a consequence. It provides many interesting findings on the values that states are ready to protect – and forego – to ensure their safety, which can contribute to the ongoing debate on the protection of human rights. This book was originally published as a special issue of The International Journal of Human Rights.
Book Synopsis Secrecy, National Security and the Vindication of Constitutional Law by : D. Cole
Download or read book Secrecy, National Security and the Vindication of Constitutional Law written by D. Cole and published by Edward Elgar Publishing. This book was released on 2013 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis is an important collection of scholarly essays that will illuminate positive legal developments and normative constitutionalist concerns in the expanding arena of secret government decisions. This book is indispensable reading for those concerned with constitutionalism, the rule of law and democracy as they bear on the tensions between secrecy and disclosure in government responses to terrorism.Õ Ð Vicki C. Jackson, Harvard University Law School, US ÔThis book contains the broadest and deepest analysis of the legal and policy issues that relate to secrecy and national security on one hand, and the imperatives of a functioning democracy on the other. The broadest because it brings to bear materials from many countries, the deepest because it brilliantly explores a core problem of constitutional government.Õ Ð Norman Dorsen, New York University, US and President, American Civil Liberties Union, 1976Ð1991 Virtually every nation has had to confront tensions between the rule-of-law demands for transparency and accountability and the need for confidentiality with respect to terrorism and national security. This book provides a global and comparative overview of the implications of governmental secrecy in a variety of contexts. Expert contributors from around the world discuss the dilemmas posed by the necessity for Ð and evils of Ð secrecy, and assess constitutional mechanisms for checking the abuse of secrecy by national and international institutions in the field of counter-terrorism. In recent years, nations have relied on secret evidence to detain suspected terrorists and freeze their assets, have barred lawsuits alleging human rights violations by invoking Ôstate secretsÕ, and have implemented secret surveillance and targeted killing programs. The book begins by addressing the issue of secrecy at the institutional level, examining the role of courts and legislatures in regulating the use of secrecy claims by the executive branch of government. From there, the focus shifts to the three most vital areas of anti-terrorism law: preventive detention, criminal trials and administrative measures (notably, targeted economic sanctions). The contributors explore how assertions of secrecy and national security in each of these areas affect the functioning of the legal system and the application of procedural justice and fairness. Students, professors and researchers interested in constitutional law, international law, comparative law and issues of terrorism and security will find this an invaluable addition to the literature. Judges, lawyers and policymakers will also find much of use in this critical volume.
Book Synopsis Examining Critical Perspectives on Human Rights by : Rob Dickinson
Download or read book Examining Critical Perspectives on Human Rights written by Rob Dickinson and published by Cambridge University Press. This book was released on 2012-02-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection evaluates the crisis of confidence in human rights which underpins understandings of just decision making and liberal democracy.
Book Synopsis Preventing Terrorism and Controlling Risk by : Susan Donkin
Download or read book Preventing Terrorism and Controlling Risk written by Susan Donkin and published by Springer Science & Business Media. This book was released on 2013-09-14 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Brief takes a provocative look at existing socio-legal literature with a comparative study of terrorism control orders, focusing on how the concept of pre-emption fits within a traditional criminological framework. This timely work examines how such measures might be conceived and interpreted within a situational crime prevention approach. Over the past decade, socio-legal scholars have identified a rise in pre-emptive control mechanisms to respond to terrorism and other threats in the post-9/11 world. Many have argued that this pre-emptive rationale has been used to justify the introduction of measures that transcend established legal and risk frameworks, to deal with individuals or groups thought to pose a threat to the state or its citizens. Preventing Terrorism and Controlling Risk: A Comparative Analysis of Control Orders in the UK and Australia will be of interest to researchers in Criminology and Criminal Justice, particularly with a focus on terrorism, risk assessment, and human rights.
Book Synopsis Detention of Terrorism Suspects by : Maureen Duffy
Download or read book Detention of Terrorism Suspects written by Maureen Duffy and published by Bloomsbury Publishing. This book was released on 2018-02-08 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversial erosions of individual liberties in the name of anti-terrorism are ongoing in liberal democracies. The focus of this book is on the manner in which strategic discourse has been used to create accepted political narratives. It specifically links aspects of that discourse to problematic and evolving terrorism detention practices that happen outside of traditional criminal and wartime paradigms, with examples including the detentions at Guantanamo Bay and security certificates in Canada. This book suggests that biased political discourse has, in some respects, continued to fuel public misconceptions about terrorism, which have then led to problematic legal enactments, supported by those misconceptions. It introduces this idea by presenting current examples, such as some of the language used by US President Donald Trump regarding terrorism, and it argues that such language has supported questionable legal responses to terrorism. It then critiques political arguments that began after 9/11, many of which are still foundational as terrorism detention practices evolve. The focus is on language emanating from the US, and the book links this language to specific examples of changed detention practices from the US, Canada, and the UK. Terrorism is undoubtedly a real threat, but that does not mean that all perceptions of how to respond to terrorism are valid. As international terrorism continues to grow and to change, this book offers valuable insights into problems that have arisen from specific responses, with the objective of avoiding those problems going forward.
Author :President's Review Group on Intelligence and Communications Technologies, The Publisher :Princeton University Press ISBN 13 :1400851270 Total Pages :288 pages Book Rating :4.4/5 (8 download)
Book Synopsis The NSA Report by : President's Review Group on Intelligence and Communications Technologies, The
Download or read book The NSA Report written by President's Review Group on Intelligence and Communications Technologies, The and published by Princeton University Press. This book was released on 2014-03-31 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official report that has shaped the international debate about NSA surveillance "We cannot discount the risk, in light of the lessons of our own history, that at some point in the future, high-level government officials will decide that this massive database of extraordinarily sensitive private information is there for the plucking. Americans must never make the mistake of wholly 'trusting' our public officials."—The NSA Report This is the official report that is helping shape the international debate about the unprecedented surveillance activities of the National Security Agency. Commissioned by President Obama following disclosures by former NSA contractor Edward J. Snowden, and written by a preeminent group of intelligence and legal experts, the report examines the extent of NSA programs and calls for dozens of urgent and practical reforms. The result is a blueprint showing how the government can reaffirm its commitment to privacy and civil liberties—without compromising national security.
Book Synopsis Global Anti-Terrorism Law and Policy by : Victor V. Ramraj
Download or read book Global Anti-Terrorism Law and Policy written by Victor V. Ramraj and published by Cambridge University Press. This book was released on 2012-01-12 with total page 703 pages. Available in PDF, EPUB and Kindle. Book excerpt: This international work provides information on and analysis of anti-terrorism law and policy by top experts in the field.
Book Synopsis The Liberty of Non-citizens by : Rayner Thwaites
Download or read book The Liberty of Non-citizens written by Rayner Thwaites and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses the legality of indefinite detention in countries including Australia, the United Kingdom and Canada, enabling a rich cross-fertilisation of experiences and discourses. The issue has arisen where a government is frustrated in its ability to remove a non-citizen subject to a removal order and employs a power to detain him until removal. The cases raise fundamental questions about the nature and extent of immigration powers, the legal position of non-citizens and counter-terrorism law and policy. More broadly, the judgments have become key reference points in discussions of constitutionalism, rights and a range of contemporary issues in public law.The book analyses the legal context, reasoning and implications of the case law on indefinite detention. It argues that the law of each jurisdiction contains ample resources to support a ruling that indefinite detention is illegal. It demonstrates that, taking into account variations in legal frameworks and doctrines, a judge's response to indefinite detention is determined by his or her answer to the question whether a non-citizen, subject to a removal order, retains a right to liberty. It details how a judge's answer flows through his or her adjudication on the scope of the relevant exception to liberty.The thesis on which the book is based won the 2010 Marks Medal from the University of Toronto Law Faculty for the best graduate thesis.
Book Synopsis Challenges to Authority and the Recognition of Rights by : Catharine MacMillan
Download or read book Challenges to Authority and the Recognition of Rights written by Catharine MacMillan and published by Cambridge University Press. This book was released on 2018-08-16 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: While challenges to authority are generally perceived as destructive to legal order, this original collection of essays, with Magna Carta at its heart, questions this assumption. In a series of chapters concerned with different forms of challenges to legal authority - over time, geographical place, and subject matters both public and private - this volume demonstrates that challenges to authority which seek the recognition of rights actually change the existing legal order rather than destroying it. The chapters further explore how the myth of Magna Carta emerged and its role in the pre-modern world; how challenges to authority formed the basis of the recognition of rights in particular areas within England; and how challenges to authority resulted in the recognition of particular rights in the United States, Canada, Australia and Germany. This is a uniquely insightful thematic collection which proposes a new view into the processes of legal change.
Book Synopsis Counter-Terrorism, Human Rights and the Rule of Law by : Aniceto Masferrer
Download or read book Counter-Terrorism, Human Rights and the Rule of Law written by Aniceto Masferrer and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠA deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more secu
Book Synopsis Judicial Review of National Security by : David Scharia
Download or read book Judicial Review of National Security written by David Scharia and published by Terrorism and Global Justice. This book was released on 2015 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review.
Book Synopsis The Shadow Factory by : James Bamford
Download or read book The Shadow Factory written by James Bamford and published by Anchor. This book was released on 2009-07-14 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Bamford has been the preeminent expert on the National Security Agency since his reporting revealed the agency’s existence in the 1980s. Now Bamford describes the transformation of the NSA since 9/11, as the agency increasingly turns its high-tech ears on the American public. The Shadow Factory reconstructs how the NSA missed a chance to thwart the 9/11 hijackers and details how this mistake has led to a heightening of domestic surveillance. In disturbing detail, Bamford describes exactly how every American’s data is being mined and what is being done with it. Any reader who thinks America’s liberties are being protected by Congress will be shocked and appalled at what is revealed here.
Download or read book Making Strategy written by Dennis M. Drew and published by . This book was released on 2002-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: National secuirty strategy is a vast subject involving a daunting array of interrelated subelements woven in intricate, sometimes vague, and ever-changing patterns. Its processes are often irregular and confusing and are always based on difficult decisions laden with serious risks. In short, it is a subject understood by few and confusing to most. It is, at the same time, a subject of overwhelming importance to the fate of the United States and civilization itself. Col. Dennis M. Drew and Dr. Donald M. Snow have done a considerable service by drawing together many of the diverse threads of national security strategy into a coherent whole. They consider political and military strategy elements as part of a larger decisionmaking process influenced by economic, technological, cultural, and historical factors. I know of no other recent volume that addresses the entire national security milieu in such a logical manner and yet also manages to address current concerns so thoroughly. It is equally remarkable that they have addressed so many contentious problems in such an evenhanded manner. Although the title suggests that this is an introductory volume - and it is - I am convinced that experienced practitioners in the field of national security strategy would benefit greatly from a close examination of this excellent book. Sidney J. Wise Colonel, United States Air Force Commander, Center for Aerospace Doctrine, Research and Education
Book Synopsis The British National Bibliography by : Arthur James Wells
Download or read book The British National Bibliography written by Arthur James Wells and published by . This book was released on 2007 with total page 870 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Senate Intelligence Committee Report on Torture (Academic Edition) by : Senate Select Committee On Intelligence
Download or read book The Senate Intelligence Committee Report on Torture (Academic Edition) written by Senate Select Committee On Intelligence and published by Melville House. This book was released on 2020-02-18 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study edition of book the Los Angeles Times called, "The most extensive review of U.S. intelligence-gathering tactics in generations." This is the complete Executive Summary of the Senate Intelligence Committee's investigation into the CIA's interrogation and detention programs -- a.k.a., The Torture Report. Based on over six million pages of secret CIA documents, the report details a covert program of secret prisons, prisoner deaths, interrogation practices, and cooperation with other foreign and domestic agencies, as well as the CIA's efforts to hide the details of the program from the White House, the Department of Justice, the Congress, and the American people. Over five years in the making, it is presented here exactly as redacted and released by the United States government on December 9, 2014, with an introduction by Daniel J. Jones, who led the Senate investigation. This special edition includes: • Large, easy-to-read format. • Almost 3,000 notes formatted as footnotes, exactly as they appeared in the original report. This allows readers to see obscured or clarifying details as they read the main text. • An introduction by Senate staffer Daniel J. Jones who led the investigation and wrote the report for the Senate Intelligence Committee, and a forward by the head of that committee, Senator Dianne Feinstein.
