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Preventive Detention Law United States Britain India
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Book Synopsis Preventive Detention and the Democratic State by : Hallie Ludsin
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.
Book Synopsis The Preventive Detention Laws in India - Perishing Human Values in the Name of Suspicion by : Silvy Sheetal
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.
Book Synopsis Preventive Detention and Security Law by : Andrew Harding
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.
Book Synopsis INTERNAT COVENANT CIVIL POL RIGHTS 3E C by : Sarah Joseph
Download or read book INTERNAT COVENANT CIVIL POL RIGHTS 3E C written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Book Synopsis Preventive Detention of Terror Suspects by : Diane Webber
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.
Book Synopsis International Handbook on Psychopathic Disorders and the Law by : Alan R. Felthous
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.
Book Synopsis The Use of Preventive Detention Laws in Malaysia: A Case for Reform by : M. Ehteshamul Bari
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.
Book Synopsis Detention of Non-State Actors Engaged in Hostilities by : Gregory Rose
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.
Book Synopsis British Contributions to International Law, 1915-2015 (Set) by : Jill Barrett
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.
Book Synopsis Challenges to Civil Rights Guarantees in India by : A.G. Noorani
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 :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)
Book Synopsis The Legal, Moral, and National Security Consequences of "prolonged Detention" by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- )
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:
Book Synopsis Human Rights in Asia by : Randall Peerenboom
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.
Book Synopsis Constituent Assembly Debates of India by :
Download or read book Constituent Assembly Debates of India written by and published by Satish Law Agency. This book was released on 2024-10-23 with total page 10722 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constituent Assembly Debates (VOLUME 1 to VOLUME 12) (9th December, 1946 to 24th January, 1950) [E-BOOK]
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.
Book Synopsis Indira Gandhi's India by : Henry C. Hart
Download or read book Indira Gandhi's India written by Henry C. Hart and published by Routledge. This book was released on 2019-03-04 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: India, credited with the best institutionalized democracy of the Third World, changed in 1975, apparently overnight and at the decision of one individual, to a quasi-dictatorship. A transformation so remarkable prompted eight scholars of Indian politics to reexamine the sectors of the system they know well, seeking explanations. They reappraise the carry-over of colonial institutions and procedures, the distribution of power in the ruling party, business influence, the roles of the divided Communist parties, the position of the administrative corps and of the army, and unrest among the rural poor at its most volatile, in the state of Bihar. An introduction shows just what Mrs. Gandhi changed, the situation that triggered her action, and the justification she advances. A concluding chapter tests the facts of the Indian transformation against four major theories of political change in the developing world: projection into politics of personality conflicts of the leader, agrarian class conflict, social mobilization, and cultural assimilation and institutionalization.
Book Synopsis States of Emergency and the Law by : M. Ehteshamul Bari
Download or read book States of Emergency and the Law written by M. Ehteshamul Bari and published by Taylor & Francis. This book was released on 2017-07-06 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion
Book Synopsis Human Rights in a Developing Society by :
Download or read book Human Rights in a Developing Society written by and published by Mittal Publications. This book was released on 2005 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Indian context.
