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Author : M. A. Faruqui
Publisher :
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4.:/5 (731 download)
Download or read book Preventive Detention Law: United States, Britain, India written by M. A. Faruqui and published by . This book was released on 1963 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hallie Ludsin
Publisher : Cambridge University Press
ISBN 13 : 1316597989
Total Pages : 446 pages
Book Rating : 4.3/5 (165 download)
Download or read book Preventive Detention and the Democratic State written by Hallie Ludsin and published by Cambridge University Press. This book was released on 2016-01-08 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.
Author : Diane Webber
Publisher :
ISBN 13 : 9781138936898
Total Pages : 0 pages
Book Rating : 4.9/5 (368 download)
Download or read book Preventive Detention of Terror Suspects written by Diane Webber and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detention provisions in human rights treaties and Geneva Conventions. Introducing the treaties -- Detention provisions -- Derogation -- Due process and conclusions to part I -- The seven countries. United Kingdom -- Three countries with strong foundations in British law : Australia : Canada : India -- Israel -- United States -- Recommendations
Author : B. Uma Devi
Publisher : Oxford University Press
ISBN 13 : 0199088632
Total Pages : 551 pages
Book Rating : 4.1/5 (99 download)
Download or read book Arrest, Detention, and Criminal Justice System written by B. Uma Devi and published by Oxford University Press. This book was released on 2012-02-24 with total page 551 pages. Available in PDF, EPUB and Kindle. Book excerpt: A just, fair, reasonable, and purposeful exercise of arrest and detention powers by the State is both in the interest of the individual and the society at large. However, very often individual rights are impinged by arbitrary and illegal exercise of State power to arrest and detain. The book studies issues pertaining to arrest and detention, comprehensively, critically, and analytically, in the light of the Indian Constitution. It points out that the arrest and detention provisions in the legal system of India, by and large, have remained the same as inherited from the imperial British era. Despite constitutional prescriptions and judicial pronouncements over several decades, there has been no noteworthy change that would bring the law in tune with the constitutional emphasis on right to life and personal liberty as well as other human rights. To capture the complexity of the issue, the volume analyses constitutional provisions, statutory law, pertinent judgments, case law, reports of various committees, and recommendations of experts in the field. Exploring lacunae in the present legal scenario, the book stresses on the need for organizational and attitudinal changes in the State instrumentalities for successfully balancing the need to maintain law and order and human rights imperatives. Emphasizing that it is the poor who often suffer the most, the author further advocates inclusion of the developments in the field of jurisprudence, behavioural sciences, technology, and management to deal with crime and criminality.
Author : Silvy Sheetal
Publisher : Notion Press
ISBN 13 : 1636060714
Total Pages : 225 pages
Book Rating : 4.6/5 (36 download)
Download or read book The Preventive Detention Laws in India - Perishing Human Values in the Name of Suspicion written by Silvy Sheetal and published by Notion Press. This book was released on 2020-08-24 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intention behind the book being “Elaborative Description and Easy understanding” of the topic- Preventive Detention. The act which loomed up menacingly from the year of its commencement. Attracting every possible fatalistic comment. Preventive Detention laws are thriving between the need for restraining an individual to such suspicious restrainment hampering the Liberty of the individual in India. The topic is deciphered in a manner approachable to people of every parlance, seeking to learn a word about Preventive Detention Laws, prevailing in India. The book is easy with words, chapter divisions covering the important topics, incidental anecdotes, coverage of important topics, and the easy description, making this book a must-read.
Author : Andrew Harding
Publisher : BRILL
ISBN 13 : 9004479457
Total Pages : 350 pages
Book Rating : 4.0/5 (44 download)
Download or read book Preventive Detention and Security Law written by Andrew Harding and published by BRILL. This book was released on 2021-09-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive detention law is a subject which continues to receive great international attention. In recent years the legal rights of detainees have been more and more frequently litigated, and significant new approaches have been developed.
Author : Diane Webber
Publisher : Routledge
ISBN 13 : 1317385489
Total Pages : 302 pages
Book Rating : 4.3/5 (173 download)
Download or read book Preventive Detention of Terror Suspects written by Diane Webber and published by Routledge. This book was released on 2016-01-08 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
Author : Gregory Rose
Publisher : BRILL
ISBN 13 : 9004310649
Total Pages : 451 pages
Book Rating : 4.0/5 (43 download)
Download or read book Detention of Non-State Actors Engaged in Hostilities written by Gregory Rose and published by BRILL. This book was released on 2016-08-01 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detention of Non-State Actors engaged in Hostilities: The Future Law explores legal dilemmas facing detention management during military missions overseas. Armed forces increasingly find themselves facing non-international armed conflict with non-state actors, such as insurgents, terrorists or other civilians, whom they might be permitted to kill or capture in some circumstances. The book considers the legal powers of military forces to apprehend non-State actors and to hold them in ongoing detention or to transfer them to judicial authorities for prosecution. It deals with both theoretical approaches and practical case studies concerning management and treatment of detainees. It concludes by synthesizing the options and delivering a detailed set of guidelines that are proposed as emerging norms for the detention of non-state actors in an armed conflict.
Author : Alan R. Felthous
Publisher : LibreDigital
ISBN 13 : 9780470066386
Total Pages : 512 pages
Book Rating : 4.0/5 (663 download)
Download or read book International Handbook on Psychopathic Disorders and the Law written by Alan R. Felthous and published by LibreDigital. This book was released on 2007 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision making in civil and criminal law.
Author : A.G. Noorani
Publisher : Oxford University Press
ISBN 13 : 0199088578
Total Pages : 216 pages
Book Rating : 4.1/5 (99 download)
Download or read book Challenges to Civil Rights Guarantees in India written by A.G. Noorani and published by Oxford University Press. This book was released on 2011-10-13 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The civil rights of Indian citizens are guaranteed both in the Indian Constitution and through the State's international commitments. Despite these guarantees, the civil rights framework encounters numerous challenges from the State—problematic counter-terrorism laws, continuation of the death penalty, misuse of arrest and preventive detention powers, lack of implementation, and impunity. Through nine incisive essays on both traditional and emerging issues, this volume examines the prevailing imbalance between individual rights and State power. Many laws designed to protect the State do little more than protect State power at the expense of her citizens, directly flouting the Constitution, international law, and democratic principles. The authors critically analyse most of these laws, examining their justifications, background debates, and evolution, along with how they violate constitutional and international law. Taking into account relevant and contemporary comparative case law and developments in international law, this book makes a strong case for bold legal reforms and suggests various measures for improvement.
Author : M. Ehteshamul Bari
Publisher : Springer Nature
ISBN 13 : 9811558116
Total Pages : 139 pages
Book Rating : 4.8/5 (115 download)
Download or read book The Use of Preventive Detention Laws in Malaysia: A Case for Reform written by M. Ehteshamul Bari and published by Springer Nature. This book was released on 2020-07-07 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
Author : Jill Barrett
Publisher : BRILL
ISBN 13 : 9004386246
Total Pages : 3728 pages
Book Rating : 4.0/5 (43 download)
Download or read book British Contributions to International Law, 1915-2015 (Set) written by Jill Barrett and published by BRILL. This book was released on 2020-12-15 with total page 3728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anthology of original documentary sources of the key British contributions to international law spanning the past 100 years.
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.:/5 (327 download)
Download or read book The Legal, Moral, and National Security Consequences of "prolonged Detention" written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and published by . This book was released on 2010 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Randall Peerenboom
Publisher : Routledge
ISBN 13 : 1134238800
Total Pages : 649 pages
Book Rating : 4.1/5 (342 download)
Download or read book Human Rights in Asia written by Randall Peerenboom and published by Routledge. This book was released on 2006-09-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.
Author : Ezequiel Heffes
Publisher : Cambridge University Press
ISBN 13 : 1108495664
Total Pages : 313 pages
Book Rating : 4.1/5 (84 download)
Download or read book Detention by Non-State Armed Groups under International Law written by Ezequiel Heffes and published by Cambridge University Press. This book was released on 2022-02-17 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.
Author : Grace Pelly
Publisher : Socio Legal Information Cent
ISBN 13 : 8189479474
Total Pages : 423 pages
Book Rating : 4.1/5 (894 download)
Download or read book State Terrorism written by Grace Pelly and published by Socio Legal Information Cent. This book was released on 2009 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes testimonies of victims of state-sponsored terrorism.
Author : M. Ehteshamul Bari
Publisher : Routledge
ISBN 13 : 1351685910
Total Pages : 279 pages
Book Rating : 4.3/5 (516 download)
Download or read book States of Emergency and the Law written by M. Ehteshamul Bari and published by Routledge. This book was released on 2017-07-06 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution’s provisions concerning the proclamation of emergency,suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning these exceptional measures. Consequently, based on these findings, recommendations will be put forward to rectify these defects from comparative constitutional law and normative perspectives. The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh. This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law. Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue of constraining the exercise of emergency powers.
