Permanent states of emergency and the rule of law, Greene, Dr Alan (durham University)
Автор: Greene Alan Название: Permanent States of Emergency and the Rule of Law ISBN: 1509906150 ISBN-13(EAN): 9781509906154 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: "Permanent States of Emergency and the Rule of Law" explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, this book further argues that robust judicial scrutiny and review of these decisions is required in order to ensure that the temporariness of the emergency is a legal question, and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing, the author seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law. Revised Dissertation. (Series: Hart Studies in Security and Justice, Vol. 3) Subject: Constitutional & Administrative Law, Human Rights Law, Comparative Law]
Автор: Farnsworth E. Allan Название: An Introduction to the Legal System of the United States ISBN: 0199733104 ISBN-13(EAN): 9780199733101 Издательство: Oxford Academ Рейтинг: Цена: 60190.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In the updated, fourth edition of this classic text which has been translated into over a dozen languages, constitutional scholar and Columbia Law School professor E. Allan Farnsworth provides a clear explanation of the structure and function of the U.S. legal system in one handy reference. An Introduction to the Legal System of the United States, Fourth Edition is designed to be a general introduction to the structure and function of the legal system of the United States, and is especially useful for those readers who lack familiarity with fundamental establishments and practices. This text also gives the reader a clear understanding of how to research the law, the importance of case law versus statutes, and the difference between private and public law. It illustrates issues that may be confusing or troublesome and provides a solid general overview. It includes a new introduction by Steve Sheppard.
Автор: Office Of The Federal Register (u.s.) Название: Code of federal regulations, title 44 (emergency management and assistance) federal emergency management agency, revised as of october 1, 2018 ISBN: 1641431962 ISBN-13(EAN): 9781641431965 Издательство: Rowman & Littlefield Publishers Рейтинг: Цена: 60550.00 T Наличие на складе: Невозможна поставка. Описание: Title 44 presents regulations and provisions governing insurance and hazard mitigation. Information relating to fire prevention and control, disaster assistance, and preparedness is included. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
Автор: Kent Roach Название: Emergency Law: Volume II ISBN: 1409443531 ISBN-13(EAN): 9781409443537 Издательство: Taylor&Francis Рейтинг: Цена: 193950.00 T Наличие на складе: Невозможна поставка. Описание: The essays selected for this volume provide a comprehensive overview of the philosophical, ethical, historical, legal and practical issues in the diverse field of emergency law. The volume reveals legislative trends in the field.
Автор: Greene Alan Название: Emergency Powers in a Time of Pandemic ISBN: 1529215412 ISBN-13(EAN): 9781529215410 Издательство: Marston Book Services Рейтинг: Цена: 17150.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Written by an expert on constitutional law and human rights, this accessible book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes.
Автор: Albert Richard, Roznai Yaniv Название: Constitutionalism Under Extreme Conditions: Law, Emergency, Exception ISBN: 303048999X ISBN-13(EAN): 9783030489991 Издательство: Springer Рейтинг: Цена: 149060.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Part III, "Public Health, Financial and Economic Crises," considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress.
Автор: Edelson Chris Название: Emergency Presidential Power: From the Drafting of the Constitution to the War on Terror ISBN: 0299295303 ISBN-13(EAN): 9780299295301 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 27720.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy--just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief.
Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
Автор: Sarat Название: Sovereignty, Emergency, Legality ISBN: 1107629241 ISBN-13(EAN): 9781107629240 Издательство: Cambridge Academ Рейтинг: Цена: 44350.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines law`s complex relationship to sovereign power and emergency conditions. It puts today`s responses to emergency in historical and institutional context, reminding readers of the continuities and discontinuities in the ways emergencies are framed and understood at different times and in different situations.
Автор: Lee H. P. Название: Emergency Powers in Australia ISBN: 1107166535 ISBN-13(EAN): 9781107166530 Издательство: Cambridge Academ Рейтинг: Цена: 87650.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Democratic countries, such as Australia, face the dilemma of preserving public and national security without sacrificing fundamental freedoms. In the context where the rule of law is an underlying assumption of the constitutional framework, Emergency Powers in Australia provides a succinct analysis of the sorts of emergency which have been experienced in Australia and an evaluation of the legal weapons available to the authorities to cope with these emergencies. It analyses the scope of the defence power to determine the constitutionality of federal legislation to deal with wartime crises and the 'war' on terrorism, the extent of the executive power and its relationship to the prerogative, the deployment of the defence forces in aid of the civil power, the statutory frameworks regulating the responses to civil unrest, and natural disasters. The role of the courts when faced with challenges to the invocation of emergency powers is explained and analysed.
Автор: William T. Armaline, Davita Silfen Glasberg, Bandana Purkayastha Название: Human Rights in Our Own Backyard: Injustice and Resistance in the United States ISBN: 0812222571 ISBN-13(EAN): 9780812222579 Издательство: Wiley EDC Рейтинг: Цена: 32020.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Most Americans assume that the United States provides a gold standard for human rights—a 2007 survey found that 80 percent of U.S. adults believed that "the U.S. does a better job than most countries when it comes to protecting human rights." As well, discussions among scholars and public officials in the United States frame human rights issues as concerning people, policies, or practices "over there." By contrast, the contributors to this volume argue that many of the greatest immediate and structural threats to human rights, and some of the most significant efforts to realize human rights in practice, can be found in our own backyard. Human Rights in Our Own Backyard examines the state of human rights and responses to human rights issues, drawing on sociological literature and perspectives to interrogate assumptions of American exceptionalism. How do people in the U.S. address human rights issues? What strategies have they adopted, and how successful have these strategies been? Essays are organized around key conventions of human rights, focusing on the relationships between human rights and justice, the state and the individual, civil rights and human rights, and group rights versus individual rights. The contributors are united by a common conception of the human rights enterprise as a process involving not only state-defined and implemented rights but also human rights from below as promoted by activists.
Автор: John D. Feerick Название: The Twenty-Fifth Amendment: Its Complete History and Applications, Third Edition ISBN: 0823252000 ISBN-13(EAN): 9780823252008 Издательство: Wiley EDC Рейтинг: Цена: 130410.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This new edition of The Twenty-Fifth Amendment: Its Complete History and Applications updates John Feerick’s landmark study with the Amendment’s uses in the past twenty years and how those uses (along with new legal scholarship) have changed the Amendment and perceptions of presidential disability in general. In its formulation, the Twenty-fifth Amendment was criticized as vague and undemocratic, but it has made possible swift and orderly successions to the highest offices in the U.S. government during some of the most extraordinary events in American history. The extent of its authority has been tested over the years: During the Watergate crisis, it was proposed that the Amendment might afford a means by which a president could transfer presidential power during an impeachment proceeding, and it was also suggested that the Amendment could authorize a vice president and cabinet to suspend a president during a Senate impeachment trial. Where once presidential disability was stigmatized, today a president under general anesthesia cedes presidential authority for the length of the procedure with little controversy. The Twenty-fifth Amendment is evolving rapidly, and this book is an invaluable guide for legal scholars, government decision makers, historians, political scientists, teachers, and students studying the nation’s highest offices.
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