UID:
almafu_9959691362102883
Umfang:
1 online resource (xiii, 323 pages) :
,
digital, PDF file(s).
ISBN:
1-316-59162-X
,
1-316-59264-2
,
1-316-59281-2
,
1-316-59315-0
,
1-316-59298-7
,
1-316-59383-5
,
1-316-40355-6
Inhalt:
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.
Anmerkung:
Title from publisher's bibliographic system (viewed on 08 Mar 2016).
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Cover; Half title; Title; Copyright; Dedication; Contents; Acknowledgments; Introduction: After Exception; Part I: Theories of Containment; Part II: Practices of Containment; Part III: Consequences of Containment; Epilogue: The Process of Emergency; Index; Shifting the Question; Overview; Part I Theories of Containment; Part II Practices of Containment; Part III Consequences of Containment; Horizons of Containment; 1 An Introduction to the Background Theoretical Problem: The Paradox and Its Paradigmatic Solutions; 2 The Legacy of the Models in the Legal Politics of Emergencies
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3 The Legal Politics of Definitions: Article 15 Derogations in the House of Lords4 The Legal Politics of Authorization: The Office of Legal Counsel (OLC) in the U.S. Executive and the Joint Committee on Human Rights (JCHR) in the U.K. Parliament; 5 The Legal Politics of Jurisdiction: Regional Intervention in a Domestic Disaster, Cyclone Nargis in 2008; 6 The Legal Politics of Time and Temporality: Ticking Time in the Israeli Supreme Court; 7 The Legal Politics of Change and Continuity in Emergencies; 8 Horizons of Containment: A Dialectical Process Story of Emergencies and Change
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The Background Theoretical Question: Can Law Constrain Emergency Measures?The Post-9/11 Emergency Powers Debate; Extralegal, Legal, and Dictatorship Answers: The Paradigmatic Responses to the Problem of Containment; Conclusion; From Models to Mechanisms; From Mechanisms to the "Emergency Paradigm"; Conclusion; The Belmarsh Case and the Politics of Defining the Indefinable; What is an Emergency?; Article 15 of the ECHR and the Belmarsh Answer to the Indefinable; Belmarsh: A Window to an Alternative Politics of Definitions; Conclusion; Overview
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The Problem of Authorization and the Politics of Power and ConstraintThe Problem of Authorization and the Alternative Politics of Institutional Competence; Conclusion; Making Sense of Evolving Regional Capabilities; Emergencies and the Problem of Jurisdiction; The Event and its Jurisdictional Politics: Creating a Humanitarian Space; ASEAN: The Regional Intervention; Conclusion; The Exceptional Time Frame; The Ticking-Bomb Scenario: Torture's Exceptional Time; Torture Beyond Exceptional Time: Timelines and Time Frames in the 1999 Israeli Supreme Court Decision; Conclusion
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Three Traditions and their Distinct Narratives of Change in EmergenciesTwo Examples: January 1827 and September 2011; Conclusion; Bridging over Two Historical Narratives about Crisis and Change; Analysis: Disaster Relief Precedents in Early Congressional Debates about Response to the Great Depression; Conclusion; On Dictatorship; From Prerogative to Martial Law and Suspension Acts in the Common Law Tradition; The State of Siege in the French Tradition; The State of Exception in the German Tradition; Distribution of Powers to Respond in the US and in the UK Post-9/11
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The OLC and the JCHR: Roles and Capabilities of Institutional Actors in Different Authorization Structures
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English
Weitere Ausg.:
ISBN 1-107-56083-7
Weitere Ausg.:
ISBN 1-107-12384-4
Sprache:
Englisch
URL:
https://doi.org/10.1017/CBO9781316403556
