Counterterrorism: democracy's challenge
Part One The Fight against Terrorism in Historical Perspective: 1 Countering Terrorism: A Historical Perspective ; 2 Constitutionalising Emergency Powers in Modern Europe ; 3 Liberal State Responses to Terrorism and Their Limits ; 4 The Role of Modern States in the Decline and Demise of Terrorism --...
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| Format: | Electronic Book |
| Language: | English |
| Published: |
[Oxford]
Hart Publishing
2008
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| In: | Year: 2008 |
| Online Access: |
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| Summary: | Part One The Fight against Terrorism in Historical Perspective: 1 Countering Terrorism: A Historical Perspective ; 2 Constitutionalising Emergency Powers in Modern Europe ; 3 Liberal State Responses to Terrorism and Their Limits ; 4 The Role of Modern States in the Decline and Demise of Terrorism -- Part Two Balancing Security Concerns and Individual Freedoms ; 5 Terrorism and Human Rights Paradigms The United Kingdom after 11 September 2001 ; 6 Terror Financing, Guilt by Association and the Paradigm of Prevention in the 'War on Terror' ; 7 United We Stand: National Courts Reviewing Counterterrorism Measures ; 8 'The Last Refuge of the Tyrant'? Judicial Deference to Executive Actions in Time of 'Terror' ; 9 The Abuse of Executive Powers: What Remedies? ; 10 The UN Security Council, Counterterrorism and Human Rights -- Part Three Is There a Need for New Legal Paradigms? ; 11 Judicial Balancing in Times of Stress: A Comparative Constitutional Perspecti ; 12. International Law, Counterterrorism and the Quest for Checks and Balances: Why the Calling Sirens of Constitutionalism Should Be Resisted. "Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices."--Bloomsbury Publishing |
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| Item Description: | "The papers included as chapters in this volume were given at a conference held in Geneva on 19-20 November 2006."--Acknowledgements |
| Physical Description: | 1 Online-Ressource (xvi, 453 Seiten) Illustrationen |
| ISBN: | 9781472564436 |
| DOI: | 10.5040/9781472564436 |