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Criminal law. Criminal procedure --- Droit au silence --- Détention préventive --- Preuve --- --Silence (Law) --- Self-incrimination --- Confession (Law) --- Preventive detention --- 7660 --- 2407 --- Silence (Law) --- 343.13 <493> --- Consent (Law) --- Declaration of intention --- Immunity from self-incrimination --- Nemo-tenetur --- Privilege against self-incrimination --- Right to silence --- Civil procedure --- Confidential communications --- Evidence, Criminal --- Evidence (Law) --- Privileges and immunities --- Procedure (Law) --- Witnesses --- Detention, Preventive --- Detention of persons --- Criminal procedure --- Congresses --- --Détention préventive --- --Preuve --- Silence (Law) - Congresses --- Self-incrimination - Congresses --- Confession (Law) - Congresses --- Preventive detention - Congresses

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What explains the choices that India's Supreme Court justices make? Shankar addresses this question by combining a textured qualitative analysis of the constitutional and legal framework, landmark rulings, and dissenting opinions, with a statistical multivariate analysis of cases dealing with civil liberties and social rights. She argues that judges are 'embedded negotiators' who craft judgments to avoid conflict with the political wings, while also remaining mindful of their role as safe keepers of the rights of citizens.

Preventive detention --- Terrorism --- Social rights --- Prevention. --- India. --- Human rights --- Basic needs --- Detention, Preventive --- Detention of persons --- India (Republic). --- Supreme Court of India --- Socio-economic rights --- Socioeconomic rights --- Law and legislation

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Preventive law. --- Criminal law --- Preventive detention. --- Organized crime --- Duress (Law) --- Prévention juridique --- Droit pénal --- Détention préventive --- Crime organisé --- Contrainte (Droit) --- Philosophy. --- Prevention. --- Philosophie --- Prévention --- Prévention juridique --- Droit pénal --- Détention préventive --- Crime organisé --- Prévention --- Preventive detention --- Preventive law --- Detention, Preventive --- Detention of persons --- Organized crime prevention --- Prevention of organized crime --- Crime prevention --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Practice of law --- Philosophy --- Prevention --- Law and legislation

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Human rights --- Criminal law. Criminal procedure --- Preventive detention --- Droits de l'homme (Droit international) --- Détention préventive --- Arrest --- Detention of persons --- Basic rights --- Civil rights (International law) --- Rights, Human --- Rights of man --- Human security --- Transitional justice --- Truth commissions --- Criminal procedure --- Pretrial detention --- Criminal justice, Administration of --- Imprisonment --- Provisional remedies --- Law and legislation --- Détention préventive

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"In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of "suspected terrorists" is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the "principle of proportionality"; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights.

The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR"-- "In a regional, national and global response to terrorism, the emphasis necessarily lies on preventing the next terrorist act. Yet, with prevention comes prediction: the need to identify and detain those considered likely to engage in a terrorist act in the future. The detention of 'suspected terrorists' is intended, therefore, to thwart a potential terrorist act recognising that retrospective action is of no consequence given the severity of terrorist crime. Although preventative steps against those reasonably suspected to have an intention to commit a terrorist act is sound counter-terrorism policy, a law allowing arbitrary arrest and detention is not. A State must carefully enact anti-terrorism laws to ensure that preventative detention does not wrongly accuse and grossly slander an innocent person, nor allow a terrorist to evade detection. This book examines whether the preventative detention of suspected terrorists in State counter-terrorism policy is consistent with the prohibitions on arbitrary arrest and detention in international human rights law. This examination is based on the 'principle of proportionality'; a principle underlying the prohibition on arbitrary arrest as universally protected in the Universal Declaration of Human Rights, and given effect to internationally in the International Covenant on Civil and Political Rights, and regionally in regional instruments including the European Convention on Human Rights. The book is written from a global counter-terrorism perspective, drawing particularly on examples of preventative detention from the UK, US and Australia, as well as jurisprudence from the ECHR"--

Terrorism --- Security, International --- Human rights --- Preventive detention --- Terrorisme --- Sécurité internationale --- Droits de l'homme (Droit international) --- Détention préventive --- Prevention --- Law and legislation --- Government policy --- Prévention --- Droit --- Politique gouvernementale --- Human rights. --- Preventive detention. --- LAW / General --- LAW / International --- Law and legislation. --- LAW / InternationalPrevention --- LAW / General. --- LAW / International. --- Law / general. --- Law / international. --- Sécurité internationale --- Détention préventive --- Prévention --- Government policy.