Emergency Powers in Theory and Practice

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Release : 2017-05-15
Genre : Law
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Book Rating : 297/5 ( reviews)

Emergency Powers in Theory and Practice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Emergency Powers in Theory and Practice write by Michael Head. This book was released on 2017-05-15. Emergency Powers in Theory and Practice available 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.

Law in Times of Crisis

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Release : 2006-10-30
Genre : Political Science
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Book Rating : 756/5 ( reviews)

Law in Times of Crisis - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Law in Times of Crisis write by Oren Gross. This book was released on 2006-10-30. Law in Times of Crisis available 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.

Emergency Powers of International Organizations

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Release : 2019-11-13
Genre : Business & Economics
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Book Rating : 931/5 ( reviews)

Emergency Powers of International Organizations - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Emergency Powers of International Organizations write by Christian Kreuder-Sonnen. This book was released on 2019-11-13. Emergency Powers of International Organizations available 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.

Emergencies in Public Law

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Release : 2016-03-11
Genre : Law
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Book Rating : 138/5 ( reviews)

Emergencies in Public Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Emergencies in Public Law write by Karin Loevy. This book was released on 2016-03-11. Emergencies in Public Law available 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.

The Oxford Handbook of Political Theory

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Release : 2008-06-12
Genre : Philosophy
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Book Rating : 439/5 ( reviews)

The Oxford Handbook of Political Theory - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Oxford Handbook of Political Theory write by John S Dryzek. This book was released on 2008-06-12. The Oxford Handbook of Political Theory available in PDF, EPUB and Kindle. Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.