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Lawfare Judicial Warfare In Spain
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Book Synopsis Lawfare — Judicial Warfare in Spain by : Damià Del Clot
Download or read book Lawfare — Judicial Warfare in Spain written by Damià Del Clot and published by Liverpool University Press. This book was released on 2023-04-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundo, Catalan Minister of Justice, 2016-2017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics
Book Synopsis Lawfare -- Judicial Warfare in Spain by : Damia Del Clot
Download or read book Lawfare -- Judicial Warfare in Spain written by Damia Del Clot and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, the Spanish state has proved to be an expert system for repressing political dissent and any threat that could jeopardize the maintenance of the status quo. It has done so using all the institutions and all the areas of power that were necessary, for the end has always justified the means. Carles Mundó, Catalan Minister of Justice, 20162017. There is no book in Spain that talks about lawfare. Nor is there a book that deals with the system of judicial repression of political dissidence deployed by the Franco regime. Nor is there a book that denounces the judicial system inherited from the dictatorial regime and that was later embodied in the 1978 Constitution. Lawfare (the combination of law and warfare) thus fills a void to the extent that it penetrates the authoritarian judicial system and highlights the democratic deficits of the Spanish judiciary. The politicization of justice began with the appointment, as president of the Constitutional Court, of a prominent member of the Peoples Party (Partido Popular PP) in 2013. Thereon started a process of judicialization of politics via reform of the Organic Law of the Court Constitutional. The referendums of November 9, 2014 and October 1, 2017 entailed the criminalization of the Catalan independence movement and a drastic reduction in fundamental rights linked to the exercise of political choice. This was confirmed by the judgment handed down by the Supreme Court in 2019, culminating in a lawfare strategy that has led to the criminal conviction of two presidents of the Generalitat Artur Mas and Joaquim Torra and the exile of a third president, Carles Puigdemont. Lawfare is the first book to link in a broad way the thinking of German jurists of the Nazi period to the training of judges in Spain both up to and during the Franco regime, and beyond. Published in collaboration with the Department of International History, London School of Economics
Download or read book Lawfare written by Orde F. Kittrie and published by Oxford University Press. This book was released on 2016 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Lawfare, author Orde Kittrie's draws on his experiences as a lawfare practitioner, US State Department attorney, and international law scholar in analyzing the theory and practice of the strategic leveraging of law as an increasingly powerful and effective weapon in the current global security landscape. Lawfare incorporates case studies of recent offensive and defensive lawfare by the United States, Iran, China, and by both sides of the Israeli-Palestinian conflict and includes dozens of examples of how lawfare has thus been waged and defended against. Kittrie notes that since private attorneys can play important and decisive roles in their nations' national security plans through their expertise in areas like financial law, maritime insurance law, cyber law, and telecommunications law, the full scope of lawfare's impact and possibilities are just starting to be understood.
Book Synopsis Lawfare: The Criminalization of Democratic Politics in the Global South by : Raul Zaffaroni
Download or read book Lawfare: The Criminalization of Democratic Politics in the Global South written by Raul Zaffaroni and published by BRILL. This book was released on 2023-02-27 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Criminalization of Democratic Politics in the Global South, Zaffaroni, Caamaño and Vegh Weis offer an account of the misuse of the law to criminalize progressive political leaders in Latin America.
Download or read book Lawfare written by Jaume Castan Pinos and published by Taylor & Francis. This book was released on 2022-09-19 with total page 103 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a new conceptualisation of lawfare that recognises the polysemantic nature of the term. Drawing on theoretical developments from legal anthropology, international relations, and social theory, the book scrutinises the multiple dimensions of this phenomenon. It illustrates the multifaceted character of lawfare with a wide range of historical and contemporary cases from across the globe and analyses the implications of actors pursuing political objectives through legal means. This includes the use of lawfare by states as a legal instrument to accomplish geopolitical objectives, domestic lawfare, or the use of legal instruments to undermine internal opposition, and state lawfare used by governments to ‘protect’ the state from internal territorial-secessionist challenges. Finally, the book shows that lawfare is not exclusively a tool for hegemonic actors, as it can also be used by civil society actors that aim to uphold their rights through legal instruments in asymmetric lawfare. This book contributes to new developments in lawfare without shying away from controversy, acknowledging its sometimes-brutal efficacy as well as its potential pitfalls. The book will appeal to scholars and students of law, international relations, political science, anthropology, and sociology.
Book Synopsis Catalan Independence and the Crisis of Sovereignty by : Óscar García Agustín
Download or read book Catalan Independence and the Crisis of Sovereignty written by Óscar García Agustín and published by Springer Nature. This book was released on 2020-12-14 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conflict between the Catalan project to become independent and the Spanish state’s opposition to any attempt of secessionism. The volume addresses some of the key political and academic issues of contemporary European societies: nationalism, separatism and sovereignty. The banned referendum in Catalonia in October 2017 unveiled the existence of multiple crises, from territorial to economic and political. Indeed, the Catalan issue is about the crisis of sovereignty: who holds legitimacy to make decisions, and who is in power legally and politically? The book is structured according to three themes: sovereignty and its people, where the realignment to independence, populism and the definition of the demos are discussed; collective identities and actions, to account for the shaping of ‘us’, the importance of collective memory and the cross-alliances forged during the referendum; and internationalization, focusing on Europeanisation, international media and comparative constitutional perspectives.
Book Synopsis Presidents of War by : Michael Beschloss
Download or read book Presidents of War written by Michael Beschloss and published by Crown. This book was released on 2019-10-22 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • From a preeminent presidential historian comes a “superb and important” (The New York Times Book Review) saga of America’s wartime chief executives “Fascinating and heartbreaking . . . timely . . . Beschloss’s broad scope lets you draw important crosscutting lessons about presidential leadership.”—Bill Gates Widely acclaimed and ten years in the making, Michael Beschloss’s Presidents of War is an intimate and irresistibly readable chronicle of the Chief Executives who took the United States into conflict and mobilized it for victory. From the War of 1812 to Vietnam, we see these leaders considering the difficult decision to send hundreds of thousands of Americans to their deaths; struggling with Congress, the courts, the press, and antiwar protesters; seeking comfort from their spouses and friends; and dropping to their knees in prayer. Through Beschloss’s interviews with surviving participants and findings in original letters and once-classified national security documents, we come to understand how these Presidents were able to withstand the pressures of war—or were broken by them. Presidents of War combines this sense of immediacy with the overarching context of two centuries of American history, traveling from the time of our Founders, who tried to constrain presidential power, to our modern day, when a single leader has the potential to launch nuclear weapons that can destroy much of the human race. Praise for Presidents of War "A marvelous narrative. . . . As Beschloss explains, the greatest wartime presidents successfully leaven military action with moral concerns. . . . Beschloss’s writing is clean and concise, and he admirably draws upon new documents. Some of the more titillating tidbits in the book are in the footnotes. . . . There are fascinating nuggets on virtually every page of Presidents of War. It is a superb and important book, superbly rendered.”—Jay Winik, The New York Times Book Review "Sparkle and bite. . . . Valuable and engrossing study of how our chief executives have discharged the most significant of all their duties. . . . Excellent. . . . A fluent narrative that covers two centuries of national conflict.” —Richard Snow, The Wall Street Journal
Book Synopsis State-Building as Lawfare by : Egor Lazarev
Download or read book State-Building as Lawfare written by Egor Lazarev and published by Cambridge University Press. This book was released on 2023-01-31 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: State-Building as Lawfare explores the use of state and non-state legal systems by both politicians and ordinary people in postwar Chechnya. The book addresses two interrelated puzzles: why do local rulers tolerate and even promote non-state legal systems at the expense of state law, and why do some members of repressed ethnic minorities choose to resolve their everyday disputes using state legal systems instead of non-state alternatives? The book documents how the rulers of Chechnya promote and reinvent customary law and Sharia in order to borrow legitimacy from tradition and religion, increase autonomy from the metropole, and accommodate communal authorities and former rebels. At the same time, the book shows how prolonged armed conflict disrupted the traditional social hierarchies and pushed some Chechen women to use state law, spurring state formation from below.
Book Synopsis Genocide, Mass Atrocity, and War Crimes in Modern History by : James Larry Taulbee
Download or read book Genocide, Mass Atrocity, and War Crimes in Modern History written by James Larry Taulbee and published by Bloomsbury Publishing USA. This book was released on 2017-02-06 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Defining "genocide" as an international crime, this two-volume set provides a comparative study of historical cases of genocide and mass atrocity—clearly identifying the factors that produced the attitudes and behaviors that led to them—discusses the reasons for rules in war, and examines how the five principles laid out in the Geneva Conventions and other international agreements have functioned in modern warfare. Written by an expert on international politics and law, Genocide, Mass Atrocity, and War Crimes in Modern History: Blood and Conscience is an easy-to-understand resource that explains why genocides and other atrocities occur, why humanity saw the need to create rules that apply during war, and how culture, rules about war, and the nature of war intersect. The first volume addresses the history and development of the normative regime(s) that define genocide and mass atrocity. Through a comparative study of historical cases that pay particular attention to the factors involved in producing the attitudes and behaviors that led to the incidents of mass slaughter and mistreatment, the author identifies the reasons that genocides and mass atrocities in the 20th century were largely ignored until the early 1990s and why even starting then, responses were inconsistent. The second book discusses why rules in war exist, which factors may lead to the adoption of rules, what defines a war "crime," and how the five fundamental principles laid out in the Geneva Conventions and other international agreements have actually functioned in modern warfare. It also poses—and answers—the interesting question of why we should obey rules when our opponents do not. The final chapter examines what actions could serve to identify future situations in which mass atrocities may occur and identifies the problems of timely humanitarian intervention in international affairs.
Book Synopsis Israeli Statecraft by : Yehezkel Dror
Download or read book Israeli Statecraft written by Yehezkel Dror and published by Routledge. This book was released on 2011-05-10 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book provides a comprehensive study of Israeli statecraft, using an interdisciplinary framework to enable an in-depth understanding of its characteristics, challenges, and responses"--
Book Synopsis In Pursuit of Justice by : Richard B. Zabel
Download or read book In Pursuit of Justice written by Richard B. Zabel and published by . This book was released on 2008 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been much controversy about the proper forum in which to prosecute and punish suspected terrorists. Some have endorsed aggressive use of military commissions; others have proposed an entirely new "national security court." However, as the nation strives for a vigorous and effective response to terrorism, we should not lose sight of the important tools that are already at our disposal, nor should we forget the costs and risks of seeking to break new ground by departing from established institutions and practices. As this White Paper shows, the existing criminal justice system has proved successful at handling a large number of important and challenging terrorism prosecutions over the past fifteen years-without sacrificing national security interests, rigorous standards of fairness and due process, or just punishment for those guilty of terrorism-related crimes.
Book Synopsis The Law of Armed Conflict by : Gary D. Solis
Download or read book The Law of Armed Conflict written by Gary D. Solis and published by Cambridge University Press. This book was released on 2021-10-21 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces students to the essential questions of the law of armed conflict and international humanitarian law.
Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber
Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Download or read book Joint Force Quarterly written by and published by . This book was released on 2008 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Al-Qaeda's Revenge by : Fernando Reinares
Download or read book Al-Qaeda's Revenge written by Fernando Reinares and published by Columbia University Press. This book was released on 2017-01-17 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Al-Qaeda's Revenge: The 2004 Madrid Train Bombings, Fernando Reinares tells the story of "3/11" - the March 11, 2004, bombings of commuter trains in Madrid, which killed 192 people and injured more than 1,800. He examines the development of an al-Qaeda conspiracy in Spain from the 1990s through the formation of the 3/11 bombing network beginning in March 2002, and discusses the preparations for and fallout from the attacks. Reinares draws on judicial, police, and intelligence documents to which he had privileged access, as well as on personal interviews with officials in Spain and elsewhere. His full analysis links the Madrid bombings to al-Qaeda's senior leadership and unveils connections between 3/11 and 9/11. Al-Qaeda's Revenge, Spain's counterpart to The 9/11 Commission Report, was a bestseller in Spain.
Book Synopsis The Absence of Evidence and Its Consequences in Travesties of Justice by : Raphael Israeli
Download or read book The Absence of Evidence and Its Consequences in Travesties of Justice written by Raphael Israeli and published by Cambridge Scholars Publishing. This book was released on 2019-01-29 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is built on the assumption that very often what seems to be evidence turns out to be “fake news”, while libels and stereotypes that have no foundation in reality are accepted as evidence, thus potentially causing travesties of justice. Examples are drawn here from several prominent and renowned case studies, including OJ Simpson’s trial, and the fiasco of American intervention in Iraq to search for the traces of weapons of mass-destruction, which were not found. The book also explores the history of anti-Semitism, which is replete with false accusations, where evidence was lacking and Jews were nevertheless convicted. It also shows how the Arab-Israeli conflict also demonstrates how unfounded accusations can be sustained by lies, proving that beliefs and prejudices are sometime stronger than hard facts.
Book Synopsis International Law and New Wars by : Christine Chinkin
Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
