Emergency Powers In Theory And Practice

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Emergency Powers in Theory and Practice

Michael Head
Emergency Powers in Theory and Practice Book PDF

Author : Michael Head
Publisher : Taylor & Francis
Page : 256 pages
File Size : 55,8 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781134795291

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Emergency Powers in Theory and Practice by Michael Head Pdf

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

Oren Gross,Fionnuala Ní Aoláin
Law in Times of Crisis Book PDF

Author : Oren Gross,Fionnuala Ní Aoláin
Publisher : Cambridge University Press
Page : 48 pages
File Size : 41,7 Mb
Release : 2006-10-30
Category : Political Science
ISBN : 9781139457750

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Law in Times of Crisis by Oren Gross,Fionnuala Ní Aoláin Pdf

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.

Law in Times of Crisis

Oren Gross
Law in Times of Crisis Book PDF

Author : Oren Gross
Publisher : Unknown
Page : 481 pages
File Size : 51,8 Mb
Release : 2006
Category : Emergencies
ISBN : 0511331681

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Law in Times of Crisis by Oren Gross Pdf

Presents the first systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers.

Emergency Powers of International Organizations

Christian Kreuder-Sonnen
Emergency Powers of International Organizations Book PDF

Author : Christian Kreuder-Sonnen
Publisher : Oxford University Press, USA
Page : 267 pages
File Size : 54,5 Mb
Release : 2019-11-13
Category : Business & Economics
ISBN : 9780198832935

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Emergency Powers of International Organizations by Christian Kreuder-Sonnen Pdf

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

Karin Loevy
Emergencies in Public Law Book PDF

Author : Karin Loevy
Publisher : Cambridge University Press
Page : 323 pages
File Size : 55,8 Mb
Release : 2016-03-11
Category : Law
ISBN : 9781316592137

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Emergencies in Public Law by Karin Loevy Pdf

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.

Emergencies and the Limits of Legality

Victor V. Ramraj
Emergencies and the Limits of Legality Book PDF

Author : Victor V. Ramraj
Publisher : Cambridge University Press
Page : 0 pages
File Size : 43,6 Mb
Release : 2012-01-12
Category : Law
ISBN : 1107403901

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Emergencies and the Limits of Legality by Victor V. Ramraj Pdf

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.

States of Emergency and the Law

M. Ehteshamul Bari
States of Emergency and the Law Book PDF

Author : M. Ehteshamul Bari
Publisher : Taylor & Francis
Page : 282 pages
File Size : 46,9 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781351685924

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States of Emergency and the Law by M. Ehteshamul Bari Pdf

Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion

Emergency Powers in Australia

H. P. Lee,Michael W. R. Adams,Colin Campbell,Patrick Emerton
Emergency Powers in Australia Book PDF

Author : H. P. Lee,Michael W. R. Adams,Colin Campbell,Patrick Emerton
Publisher : Cambridge University Press
Page : 315 pages
File Size : 44,6 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781107166530

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Emergency Powers in Australia by H. P. Lee,Michael W. R. Adams,Colin Campbell,Patrick Emerton Pdf

A lucid analysis of the constitutional and legal issues arising from Australian governmental responses to various sorts of emergencies.

Human Rights in Emergencies

Evan J. Criddle
Human Rights in Emergencies Book PDF

Author : Evan J. Criddle
Publisher : Cambridge University Press
Page : 303 pages
File Size : 49,9 Mb
Release : 2016-07-21
Category : Law
ISBN : 9781107115835

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Human Rights in Emergencies by Evan J. Criddle Pdf

This book examines current debates about how international human rights law regulates national authorities and international institutions during emergencies.

Coping with Crises

Shao Chuan Leng
Coping with Crises Book PDF

Author : Shao Chuan Leng
Publisher : University Press of America
Page : 254 pages
File Size : 55,6 Mb
Release : 1990
Category : Law
ISBN : 0819175846

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Coping with Crises by Shao Chuan Leng Pdf

This volume is a comparative study to examine both in theory and in practice the employment of constitutional emergency powers in five polities to combat internal and/or external threats. The focus is only on limited governments and not on absolutist government free of legal constraints.

The Constitution of the Environmental Emergency

Jocelyn Stacey
The Constitution of the Environmental Emergency Book PDF

Author : Jocelyn Stacey
Publisher : Bloomsbury Publishing
Page : 283 pages
File Size : 43,8 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781509920280

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The Constitution of the Environmental Emergency by Jocelyn Stacey Pdf

This book argues for a reframing of environmental law. It starts from the premise that all environmental issues confront lawmakers as emergencies. Environmental issues pose a fundamental challenge to law because it is impossible to reliably predict which issues contain the possibility of an emergency and what to do in response to such an unforeseen event. These features undermine the conventional understanding of the rule of law. This book argues that approaching environmental issues from the emergency perspective leads us to an understanding of the rule of law that requires public justification. This requirement recentres the debates in environmental law around the question of why governance under the rule of law is something worth having in the environmental context. It elaborates what the rule of law requires of decision-makers in light of our ever-present vulnerability to catastrophic environmental harm. Controversial, compelling and above all timely, this book presents an important new perspective on environmental law.

Emergencies in Clinical Medicine

Piers Page,Asif Shah,Greg Skinner,Natasha Eagles
Emergencies in Clinical Medicine Book PDF

Author : Piers Page,Asif Shah,Greg Skinner,Natasha Eagles
Publisher : Oxford University Press
Page : 433 pages
File Size : 41,7 Mb
Release : 2021-04-28
Category : Medical
ISBN : 9780198779117

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Emergencies in Clinical Medicine by Piers Page,Asif Shah,Greg Skinner,Natasha Eagles Pdf

Acutely unwell patients can deteriorate dangerously without timely recognition and intervention. Emergencies in Clinical Medicine provides an easy-to-use guide to the prompt management of common medical emergencies. Designed for rapid use, it explains how to arrive at a differential diagnosis and how to prevent, manage, or treat an emergency. The second edition has been fully updated to reflect current clinical guidelines and includes several new topics, from pulmonary oedemas to the overdose patient. Revised to cover the curricula for core medical training (CMT) and acute care common stem (ACS), this text addresses exactly what the trainee doctor needs to know. The text covers emergencies from both a problem-based and disease-based approach. Cross-referencing between these two sections enables quick reference under pressure, with clear, step-by-step instructions and advice on when and who to call for help. With key algorithms for quick reference and easy to follow symbols indicating clinical severity, from life-threatening to minor, this text will help clinical staff managing acutely ill patients in an easy-to-read and portable format.

Emergency Powers in Theory and Practice

Michael Head
Emergency Powers in Theory and Practice Book PDF

Author : Michael Head
Publisher : Routledge
Page : 296 pages
File Size : 41,5 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781134795369

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Emergency Powers in Theory and Practice by Michael Head Pdf

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.

Guide for All-Hazard Emergency Operations Planning

Kay C. Goss
Guide for All Hazard Emergency Operations Planning Book PDF

Author : Kay C. Goss
Publisher : DIANE Publishing
Page : 277 pages
File Size : 48,9 Mb
Release : 1998-05
Category : Electronic
ISBN : 9780788148293

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Guide for All-Hazard Emergency Operations Planning by Kay C. Goss Pdf

Meant to aid State & local emergency managers in their efforts to develop & maintain a viable all-hazard emergency operations plan. This guide clarifies the preparedness, response, & short-term recovery planning elements that warrant inclusion in emergency operations plans. It offers the best judgment & recommendations on how to deal with the entire planning process -- from forming a planning team to writing the plan. Specific topics of discussion include: preliminary considerations, the planning process, emergency operations plan format, basic plan content, functional annex content, hazard-unique planning, & linking Federal & State operations.

States of Emergency and Human Rights Protection

Monika Florczak-Wątor,Fruzsina Gárdos-Orosz,Jan Malíř,Max Steuer
States of Emergency and Human Rights Protection Book PDF

Author : Monika Florczak-Wątor,Fruzsina Gárdos-Orosz,Jan Malíř,Max Steuer
Publisher : Taylor & Francis
Page : 293 pages
File Size : 50,9 Mb
Release : 2024-02-13
Category : Law
ISBN : 9781003851103

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States of Emergency and Human Rights Protection by Monika Florczak-Wątor,Fruzsina Gárdos-Orosz,Jan Malíř,Max Steuer Pdf

Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.