Emergencies In Public Law PDF Download
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Author | : Karin Loevy |
Publisher | : Cambridge University Press |
Total Pages | : 323 |
Release | : 2016-03-11 |
Genre | : Law |
ISBN | : 1316592138 |
Download Emergencies in Public Law Book in PDF, ePub and Kindle
Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
Author | : Nan D. Hunter |
Publisher | : Butterworth-Heinemann |
Total Pages | : 434 |
Release | : 2017-08-08 |
Genre | : Business & Economics |
ISBN | : 0128043229 |
Download The Law of Emergencies Book in PDF, ePub and Kindle
The Law of Emergencies: Public Health and Disaster Management, Second Edition, introduces the American legal system as it interacts with disaster management, public health and civil unrest issues. Nan Hunter shows how the law in this area plays out in the context of real life emergencies where individuals often have to make split-second decisions. This book covers the major legal principles underlying emergency policy and operations and analyzes legal authority at the federal, state and local levels, placing the issues in historical context but concentrating on contemporary questions. The book includes primary texts, reader-friendly expository explanation and sample discussion questions in each chapter, as well as scenarios for each of the three major areas to put the concepts in to action. Prior knowledge of the law is not necessary in order to use and understand this book, and it satisfies the need of professionals in a wide array of fields related to emergency management to understand both what the law requires and how to analyze issues for which there is no clear legal answer. The book features materials on such critical issues as how to judge the extent of Constitutional authority for government to intervene in the lives and property of American citizens. At the same time, it also captures bread-and-butter issues such as responder liability and disaster relief methods. No other book brings these components together in a logically organized, step by step fashion. Updated with expanded coverage and several new chapters Re-organized to improve topic focus, with sections covering The President, Congress, and the Courts; Governance on the Ground; The Rights of Individuals; Disaster Management and Reconstruction; Health Emergencies; Preserving the Social Fabric; and Liability Includes a new disaster scenario (a dirty bomb explosion in Washington, DC) to illustrate the application of key concepts Features two new appendices that provide key excerpts from the U.S. Constitution and the Stafford Act Includes a new glossary of legal and legislative terms
Author | : |
Publisher | : |
Total Pages | : 390 |
Release | : 1976 |
Genre | : |
ISBN | : |
Download The National emergencies act (Public Law 94-412) Book in PDF, ePub and Kindle
Author | : Gregory West |
Publisher | : Jones & Bartlett Learning |
Total Pages | : 387 |
Release | : 2021-10-19 |
Genre | : Technology & Engineering |
ISBN | : 1284235580 |
Download Legal Aspects of Emergency Services Book in PDF, ePub and Kindle
Legal Aspects of Emergency Services, Second Edition introduces members of fire and emergency medical services to the legal system in the United States, showing them how various types of laws affect their work in emergency services.
Author | : Ernest B. Abbott |
Publisher | : American Bar Association |
Total Pages | : 316 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9781590315934 |
Download A Legal Guide to Homeland Security and Emergency Management for State and Local Governments Book in PDF, ePub and Kindle
This book provides a number of windows into homeland security and emergency management law - covering both the basic structure of the homeland security and emergency management system and presenting detailed analysis of specific areas (such as applying for federal preparedness funds, negotiating intergovernmental agreements, applying for disaster assistance, and managing the impact of catastrophic events).
Author | : United States. Congress. Senate. Special Committee on National Emergencies and Delegated Emergency Powers |
Publisher | : |
Total Pages | : 380 |
Release | : 1976 |
Genre | : National Emergencies Act |
ISBN | : |
Download National Emergencies Act Book in PDF, ePub and Kindle
Author | : Victor V. Ramraj |
Publisher | : Cambridge University Press |
Total Pages | : 0 |
Release | : 2012-01-12 |
Genre | : Law |
ISBN | : 9781107403901 |
Download Emergencies and the Limits of Legality Book in PDF, ePub and Kindle
Most modern states turn swiftly to law in an emergency. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well documented. Yet there is an ever-present danger, borne out by historical and contemporary events, that even the most well-meaning executive, armed with extraordinary powers, will abuse them. This inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality? This collection of essays - at the intersection of legal, political and social theory and practice - explores law's capacity to constrain state power in times of crisis.
Author | : Abhishek Singhvi |
Publisher | : Springer Nature |
Total Pages | : 336 |
Release | : 2020-10-30 |
Genre | : Law |
ISBN | : 9811529973 |
Download The Law of Emergency Powers Book in PDF, ePub and Kindle
This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.
Author | : Evan J. Criddle |
Publisher | : Cambridge University Press |
Total Pages | : 303 |
Release | : 2016-07-21 |
Genre | : Law |
ISBN | : 1107115833 |
Download Human Rights in Emergencies Book in PDF, ePub and Kindle
This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.
Author | : Richard Albert |
Publisher | : Springer Nature |
Total Pages | : 445 |
Release | : 2020-09-24 |
Genre | : Law |
ISBN | : 3030490009 |
Download Constitutionalism Under Extreme Conditions Book in PDF, ePub and Kindle
This book examines the problem of constitutional change in times of crisis. Divided into five main parts, it both explores and interrogates how public law manages change in periods of extraordinary pressure on the constitution. In Part I, “Emergency, Exception and Normalcy,” the contributors discuss the practices and methods that could be used to help legitimize the use of emergency powers without compromising the constitutional principles that were created during a period of normalcy. In Part II, “Terrorism and Warfare,” the contributors assess how constitutions are interpreted during times of war, focusing on the tension between individual rights and safety. Part III, “Public Health, Financial and Economic Crises,” considers how constitutions change in response to crises that are neither political in the conventional sense nor violent, which also complicates how we evaluate constitutional resilience in times of stress. Part IV, “Constitutionalism for Divided Societies,” then investigates the pressure on constitutions designed to govern diverse, multi-national populations, and how constitutional structures can facilitate stability and balance in these states. Part V, titled “Constitution-Making and Constitutional Change,” highlights how constitutions are transformed or created anew during periods of tension. The book concludes with a rich contextual discussion of the pressing challenges facing constitutions in moments of extreme pressure. Chapter “Public Health Emergencies and Constitutionalism Before COVID-19: Between the National and the International” is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.