Preventive Detention and the Democratic State
Preventive Detention and the Democratic State

Author: Hallie Ludsin

Publisher: Cambridge University Press

Published: 2016-01-08

Total Pages: 446

ISBN-13: 1316597989

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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.

Preventive Detention and the Democratic State
Preventive Detention and the Democratic State

Author: Hallie Ludsin

Publisher:

Published: 2015

Total Pages: 446

ISBN-13: 9781316598030

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This book tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world.

International Handbook on Psychopathic Disorders and the Law
International Handbook on Psychopathic Disorders and the Law

Author: Alan R. Felthous

Publisher: LibreDigital

Published: 2007

Total Pages: 512

ISBN-13: 9780470066386

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Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision making in civil and criminal law.

Militant Democracy
Militant Democracy

Author: András Sajó

Publisher: Eleven International Publishing

Published: 2004

Total Pages: 271

ISBN-13: 9077596046

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This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Annotated Leading Copyright Cases in Major Asian Jurisdictions
Annotated Leading Copyright Cases in Major Asian Jurisdictions

Author: Kung-Chung Liu

Publisher: City University of HK Press

Published: 2019-07-17

Total Pages: 564

ISBN-13: 9629373807

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In this second volume of the Applied Research Center for Intellectual Assets and the Law in Asia (ARCIALA) series, thirty-seven eminent scholars and practitioners from Asia and the United States have come together to comprehensively assess leading copyright cases from eight major Asian jurisdictions (People’s Republic of China (PRC), India, Japan, Korea, Malaysia, the Philippines, Singapore, and Taiwan). This book contains thirty-six case reports that focus on six topics that reflect the current trends in Asian copyright law—namely, digital copyright, collective copyright (including the management of copyright and the interface between collecting societies and competition law), criminal copyright (with a discussion of criminal punishment for copyright infringement), limits to copyright (such as fair use and exhaustion), the relationship between copyright laws and other forms of protection, and choice of jurisdiction and applicable law in copyright litigation. Each case report deconstructs the legal background, facts, and rationale of the decision in a particular landmark case, and then discusses the commercial or industrial significance and application. Notably, this includes an analysis of The Hague Convention on Choice of Court Agreements and its adoption in Singapore, which is, to date, the only Asian country to have fully ratified it. Taken together, this volume presents a useful guide for copyright practitioners, professionals, lawyers, and judges alike in addition to acting as a primer for students and businessmen planning to enter Asia’s exciting world of copyright. It also serves as a handbook for policy makers, both within Asia and further afield.

Preventive Detention and Security Law
Preventive Detention and Security Law

Author: Andrew Harding

Publisher: BRILL

Published: 2021-09-27

Total Pages: 350

ISBN-13: 9004479457

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Preventive detention law is a subject which continues to receive great international attention. In recent years the legal rights of detainees have been more and more frequently litigated, and significant new approaches have been developed.

Preventive Deprivation of Liberty
Preventive Deprivation of Liberty

Author: Tomasz Sroka

Publisher: Taylor & Francis

Published: 2024-08-12

Total Pages: 294

ISBN-13: 104011282X

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This book analyses and reconstructs the European Convention on Human Rights standard of application and execution of preventive deprivation of liberty. Acts of international law were drafted at a time when guarantees for the protection of the personal liberty of individuals were primarily associated with custodial sentences. However, the essence, nature, and purpose of preventive deprivation of liberty, which are fundamentally different from those of imprisonment, also require a different approach to the assessment of the minimum standard and guarantees for the protection of personal liberty and other rights and freedoms. This work determines the minimum guarantees for the protection of liberty and other rights and freedoms of a person in determining the legal basis and procedure for the application and execution of this measure. It presents guidelines on how the substantive prerequisites for preventive deprivation of liberty and the procedure for its application should be constructed in order to meet the European Convention on Human Rights standards. It also provides guidance on how the conditions and rules for preventive deprivation of liberty should be organised in order to protect individuals from inhuman or degrading treatment, or disproportionate restriction of their rights or freedoms. Finally, this work also discusses how the lawfulness of the imposition or continuation of a measure of preventive deprivation of liberty should be reviewed. This book will be of interest to academics, researchers, and policy‐makers working in the areas of Constitutional, Criminal, Medical, and Human Rights Law.