Preventive detention and the democratic state / Hallie Ludsin.

Format:

Book

Author/Creator:

Ludsin, Hallie, author.

Language:

English

Subjects (All):

Preventive detention--India.

Preventive detention.

Due process of law--India.

Due process of law.

Preventive detention--Comparative studies.

Due process of law--Comparative studies.

Physical Description:

1 online resource (xi, 432 pages) : digital, PDF file(s).

Other Title:

Preventive Detention & the Democratic State

Place of Publication:

Cambridge : Cambridge University Press, 2016.

Language Note:

English

Summary:

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.

Contents:

The theoretical framework

The policy debate

Preventive detention under international law

The history of preventive detention in India

India's current preventive detention legislation

India : preventive detention and due process

India : the risk society and the slippery slope

Preventive detention in England

England : preventive detention and due process

Preventive detention in the United States

The United States : preventive detention and procedural due process

Preventive detention's slippery slope

Preventive detention and liberal democracy.

Notes:

Title from publisher's bibliographic system (viewed on 08 Mar 2016).

Includes bibliographical references and index.

ISBN:

1-316-59799-7

1-316-59800-4

1-316-59802-0

1-316-59806-3

1-316-59803-9

1-107-29692-7