The rule of crisis : terrorism, emergency legislation and the rule of law
Author(s)
Bibliographic Information
The rule of crisis : terrorism, emergency legislation and the rule of law
(Ius gentium : comparative perspectives on law and justice, v. 64)
Springer, c2018
Available at 4 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references
Description and Table of Contents
Description
This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom.
The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world.
The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws?
Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law.
Table of Contents
Chapter 1. Introduction.- Chapter 2. Conceptual Analysis and Emergency Legislation.- Part I: Concepts and Justification of Emergency Legislations.- Chapter 3. Emergencies in Sober Hobbesianism.- Chapter 4. The State of Exception and the Terrorist Threat - An Obsolete Combination.- Chapter 5. The Continued Exceptionalism of the American Response to Daesh.- Chapter 6. Dignity, Emergency, Exception.- Part II: Risk and Failure of Emergency Legislations.- Chapter 7. Reconciling International Human Rights Law with Executive Non-Trial-Based Counter-Terror Measures: The Case of UK Temporary Exclusion Orders.- Chapter 8. Polish Martial Law on the Docket - Judging the Past and the Clash of Judicial Narratives.- Chapter 9. Emergency as a State of Mind - The Case of Israel.- Chapter 10. The French Case or the Hidden Dangers of a Long Term State of Emergency.- Chapter 11. Anything Goes: How does French Law Deal with the State of Emergency (1955-2015)?.- Chapter 12. The German Reticence vis-a-vis the State of Emergency.
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