Emergencies and the limits of legality / edited by Victor V. Ramraj.

Format:

Book

Contributor:

Ramraj, Victor Vridar, 1968- editor.

Language:

English

Subjects (All):

War and emergency powers.

Physical Description:

1 online resource (xii, 415 pages) : digital, PDF file(s).

Edition:

1st ed.

Other Title:

Emergencies & the Limits of Legality

Place of Publication:

Cambridge : Cambridge University Press, 2008.

Language Note:

English

Summary:

Most modern states turn swiftly to law in an emergency. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well documented. Yet there is an ever-present danger, borne out by historical and contemporary events, that even the most well-meaning executive, armed with extraordinary powers, will abuse them. This inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality? This collection of essays - at the intersection of legal, political and social theory and practice - explores law's capacity to constrain state power in times of crisis.

Contents:

No doctrine more pernicious? Emergencies and the limits of legality / Victor V. Ramraj

The compulsion of legality / David Dyzenhaus

Extra-legality and the ethic of political responsibility / Oren Gross

Emergency logic : prudence, morality and the rule of law / Terry Nardin

Indefinite detention : rule by law or rule of law? / R. Rueban Balasubramaniam

The political constitution of emergency powers : some conceptual issues / Mark Tushnet

A topography of emergency power / Nomi Claire Lazar

Law, terror and social movements : the repression-mobilisation nexus / Colm Campbell

Emergency strategies for prescriptive legal positivists : anti-terrorist law and legal theory / Tom Campbell

Ordinary laws for emergencies and democratic derogation from rights / Kent Roach

Presidentialism and emergency government / William E. Scheuerman

Necessity, torture and the rule of law / A.P. Simester

Deny everything : intelligence activities and the rule of law / Simon Chesterman

Exceptions, bare life and colonialism / Johan Geertsema

Struggle over legality in the midnight hour : governing the international state of emergency / Kanishka Jayasuriya

Inter arma silent leges? Black hole theories of the laws of war / C.L. Lim.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

1-107-20161-6

0-511-55202-5

0-511-48074-1

0-511-47754-6

0-511-47609-4

0-511-47906-9

OCLC:

437089907