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Author | : Roza Pati |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 533 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004172386 |
Download Due Process and International Terrorism Book in PDF, ePub and Kindle
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
Author | : Farha Aziz Faisal |
Publisher | : |
Total Pages | : 135 |
Release | : 2012 |
Genre | : |
ISBN | : |
Download Due Process Protections in the War on Terrorism Book in PDF, ePub and Kindle
Author | : Amos N. Guiora |
Publisher | : Oxford University Press |
Total Pages | : 187 |
Release | : 2008-04-18 |
Genre | : Law |
ISBN | : 0199712778 |
Download Constitutional Limits on Coercive Interrogation Book in PDF, ePub and Kindle
On September 11, 2001 terrorism instantly became the defining issue of our age. The resulting debates surrounding the inherent tension between national security interests and individual civil rights has focused national and international attention on how post-9/11 detainees at Guantanamo Bay, Abu Ghraib, and around the world have been interrogated. All concerned agree that, while interrogation practices represent a crucial meeting ground between human rights and counter-terrorism measures, the limits placed on interrogators are perhaps the most difficult to define for they determine how "far" a civil society is willing to go in fighting the exigencies that terror presents. In The Constitutional Limits of Coercive Investigation, Amos Guiora offers a theoretical analysis and a practical application of coercive interrogation, and in doing so, suggests developing and implementing a hybrid paradigm based on American criminal law, the Geneva Convention, and the Israeli model of trial as the most relevant judicial regime. Guiora offers a unique contribution to the public debate by creatively utilizing a historical analysis of the system of "justice" for African-Americans in the Deep South of the past century to serve as a guide for the constitutional rights and protections which need to be granted or extended to an unprotected class. He then indicates which interrogation methods are within the boundaries of the law by both recommending protection of the detainees and providing interrogators with the tools required to protect America's vital interests.
Author | : Richard M. Pious |
Publisher | : |
Total Pages | : 302 |
Release | : 2006 |
Genre | : Law |
ISBN | : |
Download The War on Terrorism and the Rule of Law Book in PDF, ePub and Kindle
A detailed and accessible discussion of due process issues invoked by the George W. Bush administration's war on terror.
Author | : Owen M. Fiss |
Publisher | : The New Press |
Total Pages | : 354 |
Release | : 2015 |
Genre | : Law |
ISBN | : 162097097X |
Download A War Like No Other Book in PDF, ePub and Kindle
Owen Fiss has been a leading legal scholar for over thirty years, yet before 2001 it would have seemed unlikely for him to write about national security and the laws of war; his focus was civil procedure and equal protection, but when the War on Terror began to shroud legal proceedings in secrecy, he realized that the bulwarks of procedure that shield the individual from the awesome power of the state were dissolving, perhaps irreparably, and that it was time for him to speak up. The ten chapters in this volume cover the major legal battlefronts of the War on Terror from Guantanamo to drones, with a focus on the constitutional implications of those new tools. The underlying theme is Fiss's concern for the offense done to the U.S. Constitution by the administrative and legislative branches of government in the name of public safety and the refusal of the judiciary to hold the government accountable. A War Like No Other will be an essential intellectual foundation for all concerned about constitutional rights and the law in a new age.
Author | : Peter Berkowitz |
Publisher | : Hoover Press |
Total Pages | : 220 |
Release | : 2013-09-01 |
Genre | : Political Science |
ISBN | : 0817946233 |
Download Terrorism, the Laws of War, and the Constitution Book in PDF, ePub and Kindle
Terrorism, the Laws of War, and the Constitution examines three enemy combatant cases that represent the leading edge of U.S. efforts to devise legal rules, consistent with American constitutional principles, for waging the global war on terror. The distinguished contributors analyze the crucial questions these cases raise about the balance between national security and civil liberties in wartime and call for a reexamination of the complex connections between the Constitution and international law.
Author | : Maurice Adams |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2017-02-02 |
Genre | : Law |
ISBN | : 1316883256 |
Download Constitutionalism and the Rule of Law Book in PDF, ePub and Kindle
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Author | : Carrie Fredericks |
Publisher | : Greenhaven Publishing LLC |
Total Pages | : 168 |
Release | : 2009-02-27 |
Genre | : Young Adult Nonfiction |
ISBN | : 0737750596 |
Download Amendment XIV: Due Process Book in PDF, ePub and Kindle
Due process is probably one of the most important rights that your readers should know about, understand, and keep with themselves for the rest of their lives. Due process is fair treatment through the normal judicial system, especially as a citizen's entitlement. This collection of essays presents the Fourteenth amendment through several essays that debate is meaning and use. Topics include truancy, double jeopardy, a woman's right to choose abortion, student suspension, detainees of the war on terrorism, music piracy, and immigration reform.
Author | : Roger Douglas |
Publisher | : University of Michigan Press |
Total Pages | : 335 |
Release | : 2014-09-15 |
Genre | : Law |
ISBN | : 0472119095 |
Download Law, Liberty, and the Pursuit of Terrorism Book in PDF, ePub and Kindle
In democratic states, the courts can help safeguard civil liberties against excessive legislative and executive efforts to combat terrorism
Author | : Thomas E. Baker |
Publisher | : Rowman & Littlefield |
Total Pages | : 260 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9780742535992 |
Download At War with Civil Rights and Civil Liberties Book in PDF, ePub and Kindle
'Two hundred and eleven years ago, Congress proposed and the states ratified the Bill of Rights. Since that time, these rights have been challenged over and over again. The Alien and Sedition Acts, the Civil War, the "Red Scares" during both World Wars, the Cold War and its permanent crisis mentality, the Vietnam era and its civil unrest, and now the War on Terrorism--all are points along a line of contested history and conflict. Each of these crises generated stresses and strains for our constitutional guarantees of civil rights and liberties. This book looks at the War on Terrorism and the campaigns in Afghanistan and Iraq through the lenses of constitutional law and American politics. A cohesive set of essays by leading legal scholars brings these challenges into sharp focus, offering a unique perspective on executive power, the rule of law, and the delicate balance between rights, liberties, and threats.'--Publisher.