Emergencies and the Limits of Legality

Name: Emergencies and the Limits of Legality
Price: 60.9 USD
Availability: InStock
ISBN: 9781107403901

ISBN-10: 1107403901

ISBN-13: 9781107403901

Edition: 2012

Authors: Victor V. Ramraj

List price: $65.95

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Description:

This book was first published in 2008. 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…

Book details

List price: $65.95
Copyright year: 2012
Publisher: Cambridge University Press
Publication date: 1/12/2012
Binding: Paperback
Pages: 428
Size: 5.98" wide x 9.02" long x 0.94" tall
Weight: 1.386
Language: English

Victor Ramraj is an Associate Professor in the Faculty of Law at the National University of Singapore, where he also serves as Vice-Dean for Academic Affairs.




No doctrine more pernicious? Emergencies and the limits of legality




Legality and Extralegality



The compulsion of legality




Extralegality and the ethic of political responsibility




Conceptual and Normative Theories



Emergency logic: prudence, morality, and the rule of law




Indefinite detention: rule by law or rule of law?




Political and Sociological Theories



The political constitution of emergency powers: some conceptual issues




A topography of emergency power Nomi




Law, terror and social movements: the repression-mobilisation nexus




Prospective Constraints on State Power



Emergency strategies for prescriptive legal positivists: anti-terrorist law and legal theory




Ordinary laws for emergencies and democratic derogation from rights




Presidentialism and emergency government




Judicial Responses to Official Disobedience



Necessity, torture and the rule of law




Deny everything: intelligence activities and the rule of law




Post-Colonial and International Perspectives



Exceptions, bare life and colonialism




Struggle over legality in the midnight hour: governing the international state of emergency




Inter arma silent leges? Black hole theories of the laws of war