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

DOWNLOAD EBOOK

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


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

DOWNLOAD EBOOK

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.


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

DOWNLOAD EBOOK

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


Public Accountability

Public Accountability

Author: Michael D. Dowdle

Publisher: Cambridge University Press

Published: 2006-07-06

Total Pages: 43

ISBN-13: 0521852145

DOWNLOAD EBOOK

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


Not a Suicide Pact

Not a Suicide Pact

Author: Richard A. Posner

Publisher: Oxford University Press

Published: 2006-09

Total Pages: 186

ISBN-13: 0195304276

DOWNLOAD EBOOK

Many of the measures taken by the Bush administration since 9/11 have sparkedheated protests. Judge Richard A. Posner offers a cogent and elegant responseto these protests, arguing that personal liberty must be balanced with publicsafety in the face of grave national danger.


States of Emergency and the Law

States of Emergency and the Law

Author: M. Ehteshamul Bari

Publisher: Taylor & Francis

Published: 2017-07-06

Total Pages: 282

ISBN-13: 1351685929

DOWNLOAD EBOOK

Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion


The Constitution of Law

The Constitution of Law

Author: David Dyzenhaus

Publisher: Cambridge University Press

Published: 2006-10-05

Total Pages: 9

ISBN-13: 1139460501

DOWNLOAD EBOOK

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.