Terrorism And The Constitution

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Terrorism and the Constitution

Author : David Cole
Publisher : The New Press
ISBN 13 : 1565849396
Total Pages : 322 pages
Book Rating : 4.5/5 (658 download)

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Book Synopsis Terrorism and the Constitution by : David Cole

Download or read book Terrorism and the Constitution written by David Cole and published by The New Press. This book was released on 2006 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

Terrorism and the Constitution

Author : H. L. Pohlman
Publisher : Rowman & Littlefield
ISBN 13 : 9780742560413
Total Pages : 336 pages
Book Rating : 4.5/5 (64 download)

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Book Synopsis Terrorism and the Constitution by : H. L. Pohlman

Download or read book Terrorism and the Constitution written by H. L. Pohlman and published by Rowman & Littlefield. This book was released on 2008 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.

Terrorism and the Constitution

Author : David Cole
Publisher : ReadHowYouWant.com
ISBN 13 : 1458788199
Total Pages : 450 pages
Book Rating : 4.4/5 (587 download)

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Book Synopsis Terrorism and the Constitution by : David Cole

Download or read book Terrorism and the Constitution written by David Cole and published by ReadHowYouWant.com. This book was released on 2010-09 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.

Before the Next Attack

Author : Bruce A. Ackerman
Publisher : Yale University Press
ISBN 13 : 9780300122664
Total Pages : 248 pages
Book Rating : 4.1/5 (226 download)

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Book Synopsis Before the Next Attack by : Bruce A. Ackerman

Download or read book Before the Next Attack written by Bruce A. Ackerman and published by Yale University Press. This book was released on 2007-01-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also includes information on aftermath of terrorist attack, Al Qaeda, George W. Bush, civil liberties, U.S. Congress, U.S. Constitution, courts, detainees, detention, due process, emergency constitution, emergency powers, emergency regime, existential crisis, extraordinary powers, Founding Fathers, framework statutes, freedom, habeas corpus writ, Iraq war, Abraham Lincoln, Jose Padilla, panic reaction, precedents of presidential powers, presidency, president, Franklin D. Roosevelt, rule of law, second strike, Second World War, secrecy, seizure, September 11, 2001, state of emergency, supermajoritarian escalator, terrorist attack, torture, United Kingdom, etc.

Enemy Aliens

Author : David Cole
Publisher :
ISBN 13 : 9781565849389
Total Pages : 316 pages
Book Rating : 4.8/5 (493 download)

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Book Synopsis Enemy Aliens by : David Cole

Download or read book Enemy Aliens written by David Cole and published by . This book was released on 2003-01-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The nation's foremost civil libertarian shines a light on the cynical exploitation of 9/11 by government officials to target immigrants and lay the groundwork for rolling back the rights of ordinary American citizens.

Constitutional Issues in Federal Management of Domestic Terrorism Incidents

Author : James F. McDonnell
Publisher : iUniverse
ISBN 13 : 059531628X
Total Pages : 114 pages
Book Rating : 4.5/5 (953 download)

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Book Synopsis Constitutional Issues in Federal Management of Domestic Terrorism Incidents by : James F. McDonnell

Download or read book Constitutional Issues in Federal Management of Domestic Terrorism Incidents written by James F. McDonnell and published by iUniverse. This book was released on 2002 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Protecting Constitutional Freedoms in the Face of the Terrorism

Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights
Publisher :
ISBN 13 :
Total Pages : 100 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Protecting Constitutional Freedoms in the Face of the Terrorism by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights

Download or read book Protecting Constitutional Freedoms in the Face of the Terrorism written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution, Federalism, and Property Rights and published by . This book was released on 2002 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Terrorism and the Limitation of Rights

Author : Stefan Sottiaux
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314112
Total Pages : 472 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Terrorism and the Limitation of Rights by : Stefan Sottiaux

Download or read book Terrorism and the Limitation of Rights written by Stefan Sottiaux and published by Bloomsbury Publishing. This book was released on 2008-02-29 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.

Terrorism, the Laws of War, and the Constitution

Author : Peter Berkowitz
Publisher : Hoover Press
ISBN 13 : 0817946233
Total Pages : 220 pages
Book Rating : 4.8/5 (179 download)

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Book Synopsis Terrorism, the Laws of War, and the Constitution by : Peter Berkowitz

Download or read book Terrorism, the Laws of War, and the Constitution written by Peter Berkowitz and published by Hoover Press. This book was released on 2013-09-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.

Constitutionalism Across Borders in the Struggle Against Terrorism

Author : Federico Fabbrini
Publisher : Edward Elgar Publishing
ISBN 13 : 1784715395
Total Pages : 368 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Constitutionalism Across Borders in the Struggle Against Terrorism by : Federico Fabbrini

Download or read book Constitutionalism Across Borders in the Struggle Against Terrorism written by Federico Fabbrini and published by Edward Elgar Publishing. This book was released on 2016-06-29 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.

Not a Suicide Pact

Author : Richard A. Posner
Publisher : Oxford University Press
ISBN 13 : 0199885362
Total Pages : 208 pages
Book Rating : 4.1/5 (998 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 2006-09-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eavesdropping on the phone calls of U.S. citizens; demands by the FBI for records of library borrowings; establishment of military tribunals to try suspected terrorists, including U.S. citizens--many of the measures taken by the Bush administration since 9/11 have sparked heated protests. In Not a Suicide Pact, Judge Richard A. Posner offers a cogent and elegant response to these protests, arguing that personal liberty must be balanced with public safety in the face of grave national danger. Critical of civil libertarians who balk at any curtailment of their rights, even in the face of an unprecedented terrorist threat in an era of proliferation of weapons of mass destruction, Posner takes a fresh look at the most important constitutional issues that have arisen since 9/11. These issues include the constitutional rights of terrorist suspects (whether American citizens or not) to habeas corpus and due process, and their rights against brutal interrogation (including torture) and searches based on less than probable cause. Posner argues that terrorist activity is sui generis--it is neither "war" nor "crime"--and it demands a tailored response, one that gives terror suspects fewer constitutional rights than persons suspected of ordinary criminal activity. Constitutional law must remain fluid, protean, and responsive to the pressure of contemporary events. Posner stresses the limits of law in regulating national security measures and underscores the paradoxical need to recognize a category of government conduct that is at once illegal and morally obligatory. One of America's top legal thinkers, Posner does not pull punches. He offers readers a short, sharp book with a strong point of view that is certain to generate much debate. OXFORD'S NEW INALIENABLE RIGHTS SERIES This is inaugural volume in Oxford's new fourteen-book Inalienable Rights Series. Each book will be a short, analytically sharp exploration of a particular right--to bear arms, to religious freedom, to free speech--clarifying the issues swirling around these rights and challenging us to rethink our most cherished freedoms.

Terrorism and the State

Author : Tal Becker
Publisher : Bloomsbury Publishing
ISBN 13 : 184731015X
Total Pages : 304 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Terrorism and the State by : Tal Becker

Download or read book Terrorism and the State written by Tal Becker and published by Bloomsbury Publishing. This book was released on 2006-03-23 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2007 Paul Guggenheim Prize! Today's terrorists possess unprecedented power, but the State still plays a crucial role in the success or failure of their plans. Terrorists count on governmental inaction, toleration or support. And citizens look to the State to protect them from the dangers that these terrorists pose. But the rules of international law that regulate State responsibility for preventing terrorism were crafted for a different age. They are open to abuse and poorly suited to hold States accountable for sponsoring or tolerating contemporary terrorist activity. It is time that these rules were reconceived. Tal Becker's incisive and ground-breaking book analyses the law of State responsibility for non-State violence and examines its relevance in a world coming to terms with the threat of catastrophic terrorism. The book sets out the legal duties of States to prevent, and abstain from supporting, terrorist activity and explores how to maximise State compliance with these obligations. Drawing on a wealth of precedents and legal sources, the book offers an innovative approach to regulating State responsibility for terrorism, inspired by the principles and philosophy of causation. In so doing, it presents a new conceptual and legal framework for dealing with the complex interactions between State and non-State actors that make terrorism possible, and offers a way to harness international law to enhance human security in a post-9/11 world.

The Constitution and 9/11

Author : Louis Fisher
Publisher :
ISBN 13 : 9780700616015
Total Pages : 0 pages
Book Rating : 4.6/5 (16 download)

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Book Synopsis The Constitution and 9/11 by : Louis Fisher

Download or read book The Constitution and 9/11 written by Louis Fisher and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Constitution and 9/11 provides a comprehensive, striking, and disturbing analysis of executive misuse of power that is made all the more compelling by placing it in a rich and fascinating historical contest. No better book is available for placing post-9/11 government actions in the matrix of history and explaining how executive power has degraded the Constitution and citizen rights."--William G. Weaver--Back cover.

Terrorism, Government, and Law

Author : Susan N. Herman
Publisher : Praeger
ISBN 13 :
Total Pages : 240 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Terrorism, Government, and Law by : Susan N. Herman

Download or read book Terrorism, Government, and Law written by Susan N. Herman and published by Praeger. This book was released on 2008-04-30 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The involvement of state and local governments in the war on terror may be changing our structures of government on another plane: federalism.

Anti-terrorism investigations and the Fourth Amendment after September 11, 2001

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Anti-terrorism investigations and the Fourth Amendment after September 11, 2001 by : United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution

Download or read book Anti-terrorism investigations and the Fourth Amendment after September 11, 2001 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2003 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights

Author : Ana Salinas de Frias
Publisher : Council of Europe
ISBN 13 : 928717685X
Total Pages : 461 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights by : Ana Salinas de Frias

Download or read book Counter-Terrorism and Human Rights in the Case Law of the European Court of Human Rights written by Ana Salinas de Frias and published by Council of Europe. This book was released on 2013-04-01 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

Civil Liberties and the War on Terrorism

Author : James D. Torr
Publisher :
ISBN 13 : 9781590185278
Total Pages : 98 pages
Book Rating : 4.1/5 (852 download)

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Book Synopsis Civil Liberties and the War on Terrorism by : James D. Torr

Download or read book Civil Liberties and the War on Terrorism written by James D. Torr and published by . This book was released on 2004 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an account of the events that took place on September 11, 2001, the people involved, and what is being done to prevent further attacks.