Emergencies and the Limits of Legality

Emergencies and the Limits of Legality

by Victor V. Ramraj, Victor Vridar Ramraj
     
 

ISBN-10: 0521895995

ISBN-13: 9780521895996

Pub. Date: 12/31/2008

Publisher: Cambridge University Press

Most Modern States turn swiftly to law in an emergency. The global response to the September 11, 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 of historical and contemporary events, that even the most well-meaning executive, armed with emergency powers, will…  See more details below

Overview

Most Modern States turn swiftly to law in an emergency. The global response to the September 11, 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 of historical and contemporary events, that even the most well-meaning executive, armed with emergency powers, will abuse them. And 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.

Product Details

ISBN-13:
9780521895996
Publisher:
Cambridge University Press
Publication date:
12/31/2008
Pages:
428
Product dimensions:
6.00(w) x 9.00(h) x 1.20(d)

Related Subjects

Table of Contents

Introduction 1

1 No doctrine more pernicious? Emergencies and the limits of legality Victor V. Ramraj Ramraj, Victor V. 3

Pt. 1 Legality and extra-legality 31

2 The compulsion of legality David Dyzenhaus Dyzenhaus, David 33

3 Extra-legality and the ethic of political responsibility Oren Gross Gross, Oren 60

Pt. 2 Conceptual and normative theories 95

4 Emergency logic: prudence, morality and the rule of law Terry Nardin Nardin, Terry 97

5 Indefinite detention: rule by law or rule of law? R. Rueban Balasubramaniam Balasubramaniam, R. Rueban 118

Pt. 3 Political and sociological theories 143

6 The political constitution of emergency powers: some conceptual issues Mark Tushnet Tushnet, Mark 145

7 A topography of emergency power Nomi Claire Lazar Lazar, Nomi Claire 156

8 Law, terror and social movements: the repression-mobilisation nexus Colm Campbell Campbell, Colm 172

Pt. 4 Prospective constraints on state power 199

9 Emergency strategies for prescriptive legal positivists: anti-terrorist law and legal theory Tom Campbell Campbell, Tom 201

10 Ordinary laws for emergencies and democratic derogation from rights Kent Roach Roach, Kent 229

11 Presidentialism and emergency government William E. Scheuerman Scheuerman, William E. 258

Pt. 5 Judicial responses to official disobedience 287

12 Necessity, torture and the rule of law A. P. Simester Simester, A. P. 289

13 Deny everything: intelligence activities and the rule of law Simon Chesterman Chesterman, Simon 314

Pt. 6 Post-colonial and international perspectives 335

14 Exceptions, bare life and colonialism Johan Geertsema Geertsema, Johan 337

15 Struggle over legality in the midnighthour: governing the international state of emergency Kanishka Jayasuriya Jayasuriya, Kanishka 360

16 Inter arma silent leges? Black hole theories of the laws of war C. L. Lim Lim, C. L. 385

Index 408

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