Permanent States of Emergency and the Rule of 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 Permanent States of Emergency and the Rule of Law write by Alan Greene (Professeur de droit). This book was released on 2018. Permanent States of Emergency and the Rule of Law available in PDF, EPUB and Kindle. The ideal state of emergency -- The permanent state of emergency -- Permanent states of emergency and constituent power -- Permanent states of emergency and legal black holes -- Permanent states of emergency and legal grey holes -- Alternatives to constitutional emergency accommodation -- Resisting the permanent state of emergency
Permanent States of Emergency and the Rule of Law
Permanent States of Emergency and the Rule of 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 Permanent States of Emergency and the Rule of Law write by Alan Greene. This book was released on 2018-04-05. Permanent States of Emergency and the Rule of Law available in PDF, EPUB and Kindle. Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.
Permanent State of Emergency
Permanent State of Emergency - 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 Permanent State of Emergency write by Ryan Alford. This book was released on 2017-06-01. Permanent State of Emergency available in PDF, EPUB and Kindle. In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.
Permanent State of Emergency
Permanent State of Emergency - 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 Permanent State of Emergency write by Ryan Alford. This book was released on 2017-06-01. Permanent State of Emergency available in PDF, EPUB and Kindle. In the wake of the attacks of September 11, 2001, the United States launched initiatives that test the limits of international human rights law. The indefinite detention and torture of detainees at Guantánamo Bay, targeted killing, and mass surveillance require an expansion of executive authority that negates the rule of law. In Permanent State of Emergency, Ryan Alford establishes that the ongoing failure to address human rights abuses is a symptom of the most serious constitutional crisis in American history. Instead of curbing the increase in executive power, Congress and the courts facilitated the breakdown of the nation’s constitutional order and set the stage for presidential supremacy. The presidency, Alford argues, is now more than imperial: it is an elective dictatorship. Providing both an overview and a systematic analysis of the new regime, he objectively demonstrates that it does not meet even the minimum requirements of the rule of law. At this critical juncture in American democracy, Permanent State of Emergency alerts the public to the structural transformation of the state and reiterates the importance of the constitutional limits of the American presidency.
Permanent States of Emergency and the Rule of Law
Permanent States of Emergency and the Rule of 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 Permanent States of Emergency and the Rule of Law write by Alan Greene. This book was released on 2018-04-05. Permanent States of Emergency and the Rule of Law available in PDF, EPUB and Kindle. Permanent States of Emergency and the Rule of Law explores the impact that oxymoronic 'permanent' states of emergency have on the validity and effectiveness of constitutional norms and, ultimately, constituent power. It challenges the idea that many constitutional orders are facing permanent states of emergency due to the 'objective nature' of threats facing modern states today, arguing instead that the nature of a threat depends upon the subjective assessment of the decision-maker. In light of this, it further argues that robust judicial scrutiny and review of these decisions is required to ensure that the temporariness of the emergency is a legal question and that the validity of constitutional norms is not undermined by their perpetual suspension. It does this by way of a narrower conception of the rule of law than standard accounts in favour of judicial review of emergency powers in the literature, which tend to be based on the normative value of human rights. In so doing it seeks to refute the fundamental constitutional challenge posed by Carl Schmitt: that all state power cannot be constrained by law.
