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This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law. .
Terrorism --- War and emergency legislation. --- Rule of law. --- Law and legislation. --- Law. --- Political science. --- Criminal law. --- Private international law. --- Conflict of laws. --- International law. --- Comparative law. --- Constitutional law. --- International humanitarian law. --- Constitutional Law. --- Criminal Law. --- Private International Law, International & Foreign Law, Comparative Law. --- International Humanitarian Law, Law of Armed Conflict. --- Philosophy of Law. --- Humanitarian conventions --- International humanitarian law --- War (International law) --- Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law of nations --- Nations, Law of --- Public international law --- Law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Crime --- Crimes and misdemeanors --- Criminals --- Law, Criminal --- Penal codes --- Penal law --- Pleas of the crown --- Criminal justice, Administration of --- Criminal procedure --- Administration --- Civil government --- Commonwealth, The --- Government --- Political theory --- Political thought --- Politics --- Science, Political --- Social sciences --- State, The --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Interpretation and construction --- Civil law --- Law and legislation --- Legal status, laws, etc. --- Supremacy of law --- Emergency legislation --- National emergency legislation --- War legislation --- Delegated legislation --- Emergencies --- Criminal law --- Philosophy of law. --- Criminal Law and Criminal Procedure Law. --- Private International Law, International & Foreign Law, Comparative Law .
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This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law. .
Rule of law. --- Terrorism --- War and emergency legislation. --- Law and legislation.
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This book analyzes emergency legislations formed in response to terrorism. In recognition that different countries, with different legal traditions, have different solutions, it adopts a comparative point of view. The countries profiled include America, France, Israel, Poland, Germany and United Kingdom. The goal is not to offer judgment on one response or the other. Rather, the contributors offer a comprehensive and thoughtful examination of the entire concept. In the process, they draw attention to the inadaptability of traditional legal and philosophical categories in a new and changing political world. The contributors first criticize the idea of these legislations. They then go on to develop different models to respond to these crises. They build a general analytical framework by answering such questions as: What is an emergency legislation? What kinds of emergencies justify laws of this nature? Why is contemporary terrorism such a specific emergency justifying new laws? Using legal and philosophical reflections, this study looks at how we are changing society. Coverage also provides historical experiences of emergency legislations to further illustrate this point. In the end, readers will gain insight into the long-term consequences of these legislations and how they modify the very work of the rule of law. .
Social problems --- Legal theory and methods. Philosophy of law --- Law of armed conflicts. Humanitarian law --- International private law --- International law --- Public law. Constitutional law --- Criminology. Victimology --- Criminal law. Criminal procedure --- strafrecht --- filosofie --- recht --- criminaliteit --- internationaal recht --- grondrechten --- internationaal privaatrecht --- staatsrecht --- grondwet
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