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Rasul Versus Bush 2004
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Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Book Synopsis The Law of Habeas Corpus by : Judith Farbey
Download or read book The Law of Habeas Corpus written by Judith Farbey and published by Oxford University Press. This book was released on 2011-02-24 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke its protection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. It describes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigates past, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.
Book Synopsis Guantanamo and the Abuse of Presidential Power by : Joseph Margulies
Download or read book Guantanamo and the Abuse of Presidential Power written by Joseph Margulies and published by Simon and Schuster. This book was released on 2006-07-03 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his address to the nation on September 20, 2001, President Bush declared war on terrorism and set in motion a detention policy unlike any we have ever seen. Since then, the United States has seized thousands of people from around the globe, setting off a firestorm of controversy. Guantanamo and the Abuse of Presidential Power explores that policy and the intense debates that have followed. Written by an expert on the subject, one of the lawyers who fought -- and won -- the right for prisoners to have judicial review, this important book will be of immense interest to liberals and conservatives alike. With shocking facts and firsthand accounts, Margulies takes readers deep into the Guantánamo Bay prison, into the interrogation rooms and secret cells where hundreds of men and boys have been designated "enemy combatants." Held without legal process, they have been consigned to live out their days in isolation until the Bush administration sees fit to release them -- if itever does. Margulies warns Americans to be especially concerned by the administration's assertion that the Presidentcan have unlimited and unchecked legal authority. Tracing the arguments on both sides of the debate, this vitally important book paints a portrait of a country divided, on the brink of ethical collapse, where the loss of personal freedoms is under greater threat than ever before.
Author :United Nations. Office of the High Commissioner for Human Rights Publisher :United Nations Publications ISBN 13 : Total Pages :58 pages Book Rating :4.3/5 (91 download)
Book Synopsis The Rights of Non-citizens by : United Nations. Office of the High Commissioner for Human Rights
Download or read book The Rights of Non-citizens written by United Nations. Office of the High Commissioner for Human Rights and published by United Nations Publications. This book was released on 2006 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies
Download or read book Guantánamo written by Michael Ratner and published by Chelsea Green Publishing. This book was released on 2004-06-29 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the months following its initial release, Guantánamo: What the World Should Know has proved to be a disturbingly accurate account of the Bush administration's tangle with civil liberties and torture. Written by Michael Ratner (Center for Constitutional Rights President and co-consul on the case of Rasul v. Bush)and Ellen Ray (Institute for Media Analysis President), Guantánamo is the most authoritative documentation to date on President Bush's moves toward a network of detention centers--a system without accountability, which flouts U.S. and international law. With a resource section that includes the Gonzales memo to President Bush and excerpts from the Geneva Conventions, Guantánamo provides strong evidence of Ratner explains how Gonzales and the Bush Administration are acting to radically alter America's historic commitment to civil and human rights, and why all Americans should resist what is being done in our name. Gathered together for the first time, Guantánamo: What the World Should Know includes the governmental memoranda that led to the conditions at the Naval Station at Guantánamo Bay, Abu Ghraib and beyond. Ratner and Ray give the definitive account of what led to the current conditions at Guantánamo and the importance of continuing to fight against the violations of U.S. and international law undertaken by the United States since 9-11. This book is a must-read for anyone concerned with the rule of law, liberty, democracy--and the right to dissent. Guantánamo also includes the essay 'A president beyond the law' by Anthony Lewis.
Book Synopsis Guantanamo and the Abuse of Presidential Power by : Joseph Margulies
Download or read book Guantanamo and the Abuse of Presidential Power written by Joseph Margulies and published by Simon and Schuster. This book was released on 2007-07-03 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Weaving together firsthand accounts of military personnel who witnessed the interrogations with the words of the prisoners themselves, Margulies exposes the chilling reality of Guantanamo Bay.
Book Synopsis Storming the Court by : Brandt Goldstein
Download or read book Storming the Court written by Brandt Goldstein and published by Simon and Schuster. This book was released on 2006-12-12 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Subtitle in hardcover printing: How a band of Yale law students sued the President--and won.
Download or read book Engines of Liberty written by David Cole and published by Basic Books. This book was released on 2016-03-29 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
Book Synopsis The Terror Presidency: Law and Judgment Inside the Bush Administration by : Jack Goldsmith
Download or read book The Terror Presidency: Law and Judgment Inside the Bush Administration written by Jack Goldsmith and published by W. W. Norton & Company. This book was released on 2009-03-24 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: A key advisor to President Bush recounts his political clashes with powerful administration figures when he questioned the choices of his predecessors about the way the war on terror was being conducted, in an account in which he cites historical parallels.
Book Synopsis Jurisprudence of Jurisdiction by : Shaun Mcveigh
Download or read book Jurisprudence of Jurisdiction written by Shaun Mcveigh and published by Routledge. This book was released on 2007-03-12 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: For much of the history of the western legal order, jurisdiction has been the first question of law. This book investigates the difference that jurisdiction continues to make to the ordering of normative existence. It also follows the speculation that without an account of jurisdiction, jurisprudence would be left speechless, with no power to address the conditions of attachment to legal and political order. The starting point of this book lies with the claim that a sharper focus can be given to normative legal ordering through questions of jurisdiction than can be through those of moral responsibility or social action. This is so because jurisdiction articulates both the potentiality of law and the conditions of its exercise. It provides the idiom of response to the fact that there is law and to the fact that law institutes, judges and addresses a form of life. From this viewpoint the contributors to this book examine the institution of human rights, the new global and national orders of sovereign power and of trade and information, the judgment and government of death and desire, and the address of colonial and post-colonial legal idioms. In doing this the contributors also provide for the elaboration of questions of jurisdiction as part of the resources and repertoires of jurisprudence. This book provides a point of entry to an emergent genre of writing within doctrinal, historical and critical jurisprudence that has returned to questions of jurisdiction to think again about juridical order and change. In so doing, it also points to questions that must be asked for there to be any interdisciplinary study that addresses law.
Download or read book Courts at War written by Gregory Burnep and published by University Press of Kansas. This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: On June 28, 2004, the US Supreme Court broke with a long-standing tradition of deference to the executive in wartime national security cases and became an important actor in an armed conflict. By declining to rubber-stamp the executive branch’s actions, the judiciary would henceforth play a major role in shaping national security policies in the war on terror. After the September 11, 2001, terrorist attacks, lawyers, lawsuits, and court decisions have repeatedly altered the landscape in the policy areas of detention and military commissions. In Courts at War Gregory Burnep explores how, after 9/11, lawyers and judges became deeply involved in an armed conflict, with important consequences for presidential authority, the separation of powers, and the treatment of individuals suspected of posing a threat to the United States. Courts at War goes beyond the post-9/11 armed conflict. It analyzes the changes in the position of courts vis-à-vis the other branches of government (courts in conflict with the executive, the legislature, or both)—even courts in conflict with other courts. The consequences included increased checks on presidential authority and greater levels of due process for suspected belligerents held in US custody. But Burnep also shows that there are unintended consequences that accompany these developments. Burnep innovatively applies an interbranch perspective to persuasively argue that litigation and judicial involvement have important implications for changing patterns of policy development in a wide range of national security policy areas, including surveillance, interrogation, targeted killings, and President Trump’s travel ban.
Book Synopsis Torture, Power, and Law by : David Luban
Download or read book Torture, Power, and Law written by David Luban and published by Cambridge University Press. This book was released on 2014-09-04 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: David Luban analyzes the torture debate in the struggle against terrorism from a sophisticated philosophical and legal perspective.
Book Synopsis Democratic Citizenship and War by : Yoav Peled
Download or read book Democratic Citizenship and War written by Yoav Peled and published by Routledge. This book was released on 2014-06-03 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the theoretical and practical implications of war and terror situations for citizenship in democratic states. Citizenship is a key concept in Western political thought for defining the individual’s relations with society. The specific nature of these rights, duties and contributions, as well the relations between them, are determined by the citizenship discourses that prevail in each society. In wartime, including low-intensity wars, democratic societies face different challenges than the ones facing them during peacetime, in areas such as human rights, the status of minorities, the state’s obligations to its citizens, and the meaning of social solidarity. War situations can affect not only the scope of citizenship as an institution, but also the relations between the prevailing discourses of citizenship and between different groups of citizens. Since 9/11 and the declaration of the 'war on terror', many democracies have been grappling with issues rising out of the interface between citizenship and war. This volume examines the effects of war on various aspects of citizenship practice, including: immigration and naturalization, the welfare state, individual liberties, gender relations, multiculturalism, social solidarity, and state – civil society relations. This book will be of great interest to students of military studies, political science, IR and security studies in general.
Book Synopsis Civil Liberties and the State by : Christopher Peter Latimer
Download or read book Civil Liberties and the State written by Christopher Peter Latimer and published by Bloomsbury Publishing USA. This book was released on 2010-12-01 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book covers documents and related information pertaining to civil liberties in America, including the debates over arbitrary state action, due process, equal protection, freedom of speech, and privacy issues. The USA PATRIOT Act, the actions and free speech of the Ku Klux Klan, and the use of privately owned devices with GPS by law enforcement are all highly controversial topics that fall under the blanket of civil liberties and federal or state authority—subjects that are important to most Americans. This book provides a comprehensive examination of arbitrary state action post-September 11, 2001, combining detailed examinations of specific legislation with watershed coverage of issues such as freedom of speech, press, and religion as well as various aspects of criminal law and procedure. This text presents documents from Britain, the American colonial period, the Founding period, and the modern era, including recent Supreme Court cases. The author provides an accompanying analysis of each document, providing insightful historical context and ramifications of the decisions and the laws passed.
Book Synopsis Habeas Corpus After 9/11 by : Jonathan Hafetz
Download or read book Habeas Corpus After 9/11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2011-01-04 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an examination of the rise of the U.S.-run global detention system that emerged after 9/11 and the efforts to challenge it through habeas corpus (a petition filed in court claiming unlawful imprisonment).
Book Synopsis The Kurdish Conflict by : Kerim Yildiz
Download or read book The Kurdish Conflict written by Kerim Yildiz and published by Routledge. This book was released on 2010-06-21 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is highly topical considering the recent resurgence of violence by the PKK, the incursions into Northern Iraq by the Turkish army and security forces and Turkey's EU accession negotiations. Turkey has become an increasingly important player in Middle Eastern geopolitics. More than two decades of serious conflict in Turkey are proving to be a barrier to improved relations between Turkey and the EU. This book is the first study to fully address the legal and political dimensions of the conflict, and their impact on mechanisms for conflict resolution in the region, offering a scholarly exploration of a debate that is often politically and emotionally highly charged. Kerim Yildiz and Susan Breau look at the practical application of the law of armed conflicts to the ongoing situation in Turkey and Northern Iraq. The application of the law in this region also means addressing larger questions in international law, global politics and conflict resolution. Examples include belligerency in international law, whether the ‘War on Terror’ has resulted in changes to the law of armed conflict and terrorism and conflict resolution. The Kurdish Conflict explores the practical possibilities of conflict resolution in the region, examining the political dynamics of the region, and suggesting where lessons can be drawn from other peace processes, such as in Northern Ireland. This book will be of great value to policy-makers, regional experts, and others interested in international humanitarian law and conflict resolution.
Book Synopsis EU Counter-Terrorist Policies and Fundamental Rights by : Christina Eckes
Download or read book EU Counter-Terrorist Policies and Fundamental Rights written by Christina Eckes and published by Oxford University Press. This book was released on 2009-12-10 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of individual sanctions could comply with general principles of EU law. Readership: Academics, graduate students, and practitioners interested in sanctions against individuals.
