Emergency Powers in Theory and Practice
Emergency Powers in Theory and Practice

Author: Michael Head

Publisher: Taylor & Francis

Published: 2017-05-15

Total Pages: 283

ISBN-13: 1134795297

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Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.

Emergency Powers in Australia
Emergency Powers in Australia

Author: H. P. Lee

Publisher: Cambridge University Press

Published: 2018-11-15

Total Pages: 315

ISBN-13: 1107166535

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A lucid analysis of the constitutional and legal issues arising from Australian governmental responses to various sorts of emergencies.

Public Accountability
Public Accountability

Author: Michael D. Dowdle

Publisher: Cambridge University Press

Published: 2006-07-06

Total Pages: 43

ISBN-13: 0521852145

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The most comprehensive survey to-date of how different organizations hold persons acting in the public interest to account.

Emergency Powers in Australia
Emergency Powers in Australia

Author: H. P. Lee

Publisher: Cambridge University Press

Published: 2018-11-15

Total Pages: 619

ISBN-13: 1316733106

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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.

Terror in the Balance
Terror in the Balance

Author: Eric A. Posner

Publisher: Oxford University Press

Published: 2007-01-04

Total Pages: 328

ISBN-13: 019531025X

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In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Empire, Emergency and International Law
Empire, Emergency and International Law

Author: John Reynolds

Publisher: Cambridge University Press

Published: 2017-08-10

Total Pages: 343

ISBN-13: 1107172519

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This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.

Emergency Powers and the Courts in India and Pakistan
Emergency Powers and the Courts in India and Pakistan

Author: Imtiaz Omar

Publisher: BRILL

Published: 2021-10-18

Total Pages: 235

ISBN-13: 9004481095

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The fundamental premise of this study is that where Constitutions, such as that of India and Pakistan, articulate legal norms which limit the scope of the executive power to derogate from individual rights during states of emergency, there must likewise exist an effective control mechanism to ensure that the Executive acts within the scope of that power. Viewed from this perspective, the judicial power to interpret the Constitution imposes upon the Court the constitutional duty to provide adequate safeguards against the abuse of state power affecting individual rights. This power remains available notwithstanding the presumed or purported ouster of judicial review. The concept of judicial review as a source of control is examined in the light of the experience of Pakistan and India during periods of constitutional emergency. The divergent approaches of the Courts in these countries, in litigation concerning emergency powers and individual rights, are explained in terms of divergent views that these Courts have adopted with respect to the nature of judicial review.