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| Author | : Michael Head |
| Publisher | : Taylor & Francis |
| Total Pages | : 256 |
| Release | : 2017-05-15 |
| Genre | : Law |
| ISBN | : 1134795297 |
Download Emergency Powers in Theory and Practice Book in PDF, ePub and Kindle
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.
| Author | : Victor V. Ramraj |
| Publisher | : Cambridge University Press |
| Total Pages | : 531 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : 052176890X |
Download Emergency Powers in Asia Book in PDF, ePub and Kindle
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
| Author | : Greene, Alan |
| Publisher | : Bristol University Press |
| Total Pages | : 182 |
| Release | : 2020-10-29 |
| Genre | : Law |
| ISBN | : 1529215412 |
Download Emergency Powers in a Time of Pandemic Book in PDF, ePub and Kindle
How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.
| Author | : Christian Kreuder-Sonnen |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 267 |
| Release | : 2019-11-13 |
| Genre | : Business & Economics |
| ISBN | : 0198832931 |
Download Emergency Powers of International Organizations Book in PDF, ePub and Kindle
Emergency Powers of International Organizations explores emergency politics of international organizations (IOs). It studies cases in which, based on justifications of exceptional necessity, IOs expand their authority, increase executive discretion, and interfere with the rights of their rule-addressees. This ''IO exceptionalism'' is observable in crisis responses of a diverse set of institutions including the United Nations Security Council, the European Union, and the World Health Organization. Through six in-depth case studies, the book analyzes the institutional dynamics unfolding in the wake of the assumption of emergency powers by IOs. Sometimes, the exceptional competencies become normalized in the IOs' authority structures (the ''ratchet effect"). In other cases, IO emergency powers provoke a backlash that eventually reverses or contains the expansions of authority (the "rollback effect"). To explain these variable outcomes, this book draws on sociological institutionalism to develop a proportionality theory of IO emergency powers. It contends that ratchets and rollbacks are a function of actors' ability to justify or contest emergency powers as (dis)proportionate. The claim that the distribution of rhetorical power is decisive for the institutional outcome is tested against alternative rational institutionalist explanations that focus on institutional design and the distribution of institutional power among states. The proportionality theory holds across the cases studied in this book and clearly outcompetes the alternative accounts. Against the background of the empirical analysis, the book moreover provides a critical normative reflection on the (anti) constitutional effects of IO exceptionalism and highlights a potential connection between authoritarian traits in global governance and the system's current legitimacy crisis.
| Author | : Chris Edelson |
| Publisher | : University of Wisconsin Pres |
| Total Pages | : 376 |
| Release | : 2013-12-19 |
| Genre | : History |
| ISBN | : 0299295338 |
Download Emergency Presidential Power Book in PDF, ePub and Kindle
Can a U.S. president decide to hold suspected terrorists indefinitely without charges or secretly monitor telephone conversations and e-mails without a warrant in the interest of national security? Was the George W. Bush administration justified in authorizing waterboarding? Was President Obama justified in ordering the killing, without trial or hearing, of a U.S. citizen suspected of terrorist activity? Defining the scope and limits of emergency presidential power might seem easy—just turn to Article II of the Constitution. But as Chris Edelson shows, the reality is complicated. In times of crisis, presidents have frequently staked out claims to broad national security power. Ultimately it is up to the Congress, the courts, and the people to decide whether presidents are acting appropriately or have gone too far. Drawing on excerpts from the U.S. Constitution, Supreme Court opinions, Department of Justice memos, and other primary documents, Edelson weighs the various arguments that presidents have used to justify the expansive use of executive power in times of crisis. Emergency Presidential Power uses the historical record to evaluate and analyze presidential actions before and after the terrorist attacks of September 11, 2001. The choices of the twenty-first century, Edelson concludes, have pushed the boundaries of emergency presidential power in ways that may provide dangerous precedents for current and future commanders-in-chief. Winner, Crader Family Book Prize in American Values, Department of History and Crader Family Endowment for American Values, Southeast Missouri State University
| 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 | : Oren Gross |
| Publisher | : Cambridge University Press |
| Total Pages | : 48 |
| Release | : 2006-10-30 |
| Genre | : Political Science |
| ISBN | : 1139457756 |
Download Law in Times of Crisis Book in PDF, ePub and Kindle
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.
| 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 | : L Elaine Halchin |
| Publisher | : Independently Published |
| Total Pages | : 26 |
| Release | : 2019-04-05 |
| Genre | : |
| ISBN | : 9781092779609 |
Download National Emergency Powers Book in PDF, ePub and Kindle
The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report.
| Author | : H. P. Lee |
| Publisher | : Cambridge University Press |
| Total Pages | : 315 |
| Release | : 2018-11-15 |
| Genre | : Law |
| ISBN | : 1107166535 |
Download Emergency Powers in Australia Book in PDF, ePub and Kindle
A lucid analysis of the constitutional and legal issues arising from Australian governmental responses to various sorts of emergencies.
