Constitutions Security And The Rule Of Law

Author : Sudha N. Setty
Publisher : Unknown
Page : 0 pages
File Size : 50,5 Mb
Release : 2014
Category : Civil rights
ISBN : 1617700835

Get Book

Constitutions, Security, and the Rule of Law by Sudha N. Setty Pdf

"[This book] offers diverse, international perspectives on how the rule of law shifts in times of emergency and the resultant heightened threats to security. It addresses issues of individual rights within the context of questioning how government works and ought to work in light of serious security concerns--thereby enabling readers to understand how national security concerns have distorted constitutions and impinged on human and civil rights. Five thematic sections examine: how different constitutional structures handle security concerns; what parts of government determine security measures and their limits; what constraints supranational and international law place on individual nations in regards to security; what the public has a right to know in times of heightened security; what rights the public can exercise in times of heightened security and how citizens can hold government accountable for protecting these rights"--

Author : John E. Finn
Publisher : Oxford University Press, USA
Page : 285 pages
File Size : 41,9 Mb
Release : 1991
Category : Constitutional law
ISBN : 9780195057386

Get Book

Constitutions in Crisis by John E. Finn Pdf

With special reference to the experience of Britain and Germany, this book examines the dilemma faced by constitutional governments in trying to draft anti-terrorist laws while preserving civil liberties.

Author : Alan Greene (Professeur de droit)
Publisher : Unknown
Page : 128 pages
File Size : 50,9 Mb
Release : 2018
Category : Constituent power
ISBN : 1509906185

Get Book

Permanent States of Emergency and the Rule of Law by Alan Greene (Professeur de droit) Pdf

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

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 49,8 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

Get Book

A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : International Idea IDEA
Publisher : Unknown
Page : 0 pages
File Size : 44,7 Mb
Release : 2014
Category : Constitutional law
ISBN : 9187729636

Get Book

Rule of Law and Constitution Building by International Idea IDEA Pdf

Regional organizations play an increasingly important role in strengthening and upholding the rule of law. Regional organizations are also increasingly seeking to strengthen constitutional governance in their member states by developing regulatory frameworks that reject and sanction unconstitutional transfers of power and attempts to remain in power unconstitutionally. This publication presents and discusses the initiatives and actions in the field of rule of law and constitution building by regional organizations. It also highlights their achievements, their limitations and the challenges they face, and puts forward policy recommendations for consideration.

Author : Richard Albert,Yaniv Roznai
Publisher : Springer Nature
Page : 445 pages
File Size : 40,5 Mb
Release : 2020-09-24
Category : Law
ISBN : 9783030490003

Get Book

Constitutionalism Under Extreme Conditions by Richard Albert,Yaniv Roznai Pdf

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.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 45,5 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

Get Book

The Constitution Act, 1982 by Canada Pdf

Author : András Sajó,Renáta Uitz
Publisher : Oxford University Press
Page : 500 pages
File Size : 55,7 Mb
Release : 2017
Category : Law
ISBN : 9780198732174

Get Book

The Constitution of Freedom by András Sajó,Renáta Uitz Pdf

Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, Andras Sajo and Renata Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajo and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Author : Geoffrey S. Corn,Jimmy Gurule,Jeffrey D. Kahn,Gary Corn
Publisher : Aspen Publishing
Page : 1032 pages
File Size : 41,6 Mb
Release : 2022-10-27
Category : Political Science
ISBN : 9781543823417

Get Book

National Security Law and the Constitution by Geoffrey S. Corn,Jimmy Gurule,Jeffrey D. Kahn,Gary Corn Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. National Security Law and the Constitution provides a comprehensive examination and analysis of the inherent tension between the Constitution and select national security policies, and it explores the multiple dimensions of that conflict. Specifically, the Second Edition comprehensively explores the constitutional foundation for the development of national security policy and the exercise of a wide array of national security powers. Each chapter focuses on critically important precedents, offering targeted questions following each case to assist students in identifying key concepts to draw from the primary sources. Offering students a comprehensive yet focused treatment of key national security law concepts, National Security Law and the Constitution is well suited for a course that is as much an advanced “as applied” constitutional law course as it is a national security law or international relations course. New to the Second Edition: New author Gary Corn is the program director for the Tech, Law and Security Program at American University Washington College of Law, and most recently served as the Staff Judge Advocate to U.S. Cyber Command, the capstone to a distinguished career spanning over twenty-seven years as a military lawyer Two new chapters: Chapter 1 (An Introduction to the “National Security” Constitution), and Chapter 17 (National Security in the Digital Age) Professors and students will benefit from: An organizational structure tailored to present these national powers as a coherent “big picture,” with the aim of understanding their interrelationship with each other, and the legal principles they share A comprehensive treatment of the relationship between constitutional, statutory, and international law, and the creation and implementation of policies to regulate the primary tools in the government’s national security arsenal Targeted case introductions and follow-on questions, enabling students to maximize understanding of the text Text boxes illustrating key principles with historical events, and highlight important issues, rules, and principles closely related to the primary sources Chapters that focus on primary or key authorities with limited diversion into secondary sources A text structure generally aligned to fit a three-hour, one-semester course offering

Author : David Dyzenhaus
Publisher : Cambridge University Press
Page : 9 pages
File Size : 48,9 Mb
Release : 2006-10-05
Category : Law
ISBN : 9781139460507

Get Book

The Constitution of Law by David Dyzenhaus Pdf

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

Author : Niclas Berggren,Nils Karlson,Joakim Nergelius
Publisher : Transaction Publishers
Page : 314 pages
File Size : 47,8 Mb
Release : 2024-06-02
Category : Law
ISBN : 141284150X

Get Book

Why Constitutions Matter by Niclas Berggren,Nils Karlson,Joakim Nergelius Pdf

As countries in the twentieth and twenty-first centuries change from colonialist to independent rule, or from a socialist to a democratic society, the need for a written constitution becomes apparent. Countries in the former Soviet Union, Africa, or nations once part of the British Empire face social, economic, and humanitarian problems as they experiment with democratic rule. Such issues as clearly defining where sovereignty lies, how much power is given to the people, and what rights are possessed by a nation's citizenry are new to these countries. While a constitution, being a man-made document, is subject to interpretation and does not always delineate in a lucid framework its parameters for future generations, it is clear that constitutions do matter. This volume, compiled under the direction of the City University of Stockholm, is an important study on the significance of constitutions and constitutional law in a democratic society. A number of scholars in law, political science, and economics have contributed to this volume. They include: James Buchanan, Aleksander Peczenik, Mats Lundstrom, Joakim Nergelius, Sverker Hard, Niclas Berggren, Peter Kurrild-Klitgaard, Wolfgang Kasper, and Erik Moberg. All add to the understanding of the intertwining roles of politics and the social sciences in a modern democratic state. They explore why a constitution is essential; the relationship between a constitution and a rational political system; the democratic principle of majority rule; why constitutional constraints are needed in a democratic state; recent constitutional reforms in the United Kingdom; the electoral system and its centrality in a democracy; evolution in constitutional change; competition within a federal structure; and the connection between politics and economics. Why Constitutions Matter is a fascinating and timely study of constitutionalism, and will be of interest to students of politics, law, economics, and sociology.

Author : Jeremy Farrall,Hilary Charlesworth
Publisher : Routledge
Page : 304 pages
File Size : 47,5 Mb
Release : 2016-04-14
Category : Political Science
ISBN : 9781317338390

Get Book

Strengthening the Rule of Law through the UN Security Council by Jeremy Farrall,Hilary Charlesworth Pdf

The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.

Author : Zoltan Barany,Sumit Bisarya,Sujit Choudhry,Richard Stacey
Publisher : Oxford University Press
Page : 304 pages
File Size : 47,9 Mb
Release : 2019-09-25
Category : Law
ISBN : 9780192588845

Get Book

Security Sector Reform in Constitutional Transitions by Zoltan Barany,Sumit Bisarya,Sujit Choudhry,Richard Stacey Pdf

Security sector reform (SSR) is central to the democratic transitions currently unfolding across the globe, as a diverse range of countries grapple with how to transform militias, tribal forces, and dominant military, police, and intelligence agencies into democratically controlled and accountable security services. SSR will be a key element in shifts from authoritarian to democratic rule for the foreseeable future, since abuse of the security sector is a central technique of autocratic government. This edited collection advances solutions through a selection of case studies from around the world that cover a wide range of contexts.

Author : Alan Greene
Publisher : Bloomsbury Publishing
Page : 367 pages
File Size : 53,5 Mb
Release : 2018-04-05
Category : Law
ISBN : 9781509906161

Get Book

Permanent States of Emergency and the Rule of Law by Alan Greene Pdf

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.

Author : Vijayashri Sripati
Publisher : Oxford University Press
Page : 374 pages
File Size : 44,7 Mb
Release : 2020-01-16
Category : Law
ISBN : 9780199098361

Get Book

Constitution-Making under UN Auspices by Vijayashri Sripati Pdf

In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.