Download or read book The State of Exception and Militant Democracy in a Time of Terror written by Afshin Ellian and published by . This book was released on 2012-12-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Studies Library Which measures may a state undertake when its very existence is threatened? Can it suspend the democratic legal order, may it prohibit undemocratic political parties, can it withhold fundamental constitutional rights from those who intend to abuse them? Or, in case of an external threat, may the state use force in anticipatory self-defense? In addressing these issues, two legal-philosophical doctrines play a crucial role, namely: the state of exception and militant democracy. Unlike other books, this book offers an interdisciplinary approach to both doctrines by a variety of international scholars. The state of exception and militant democracy are viewed from a legal-philosophical, legal-positivist and sociological perspective, thereby creating a broad perspective on how states actually deal and how they should deal with diverse threats to their (democratic) existence. TABLE OF CONTENTS Abbreviations Chapter I: Introduction: The State of Exception and Militant Democracy in a Time of Terror - Afshin Ellian and Gelijn Molier Chapter II: The State of Exception in a Time of Terror - Afshin Ellian Chapter III: Dutch Counterterrorism: An Exceptional Body of Legislation or Just an Inevitable Product of the Culture of Control? - Maartje van der Woude Chapter IV: Framing the Exception. Securitization in the Netherlands - Beatrice de Graaf and Renee Frissen Chapter V: On Emergency-Proof Human Rights and Emergency-Proof: Human Rights Procedures - Jan-Peter Loof Chapter VI: The State of Exception and Necessity under International Law - Gelijn Molier Chapter VII: The Foundations of Militant Democracy - Paul Cliteur and Bastiaan Rijpkema Chapter VIII: 'Militant Democracy' and State of Emergency in Germany - Markus Thiel Chapter IX: Democracy, Freedom of Speech and the Twin Challenges of the Exception - Quoc Loc Hong Bibliography Index About the Editors Afshin Ellian is professor of Social Cohesion, Citizenship and Multiculturalism at the Institute for the Interdisciplinary Study of the Law at Leiden University, has published extensively on terrorism and radical Islam. Gelijn Molier is a lecturer at the Leiden Law Faculty, Department of Philosophy of Law and Jurisprudence. His main field of research pertains to the law of peace and security, in particular questions relating to the legitimacy of the use of force in international relations.

Download or read book Militant Democracy Political Science Law and Philosophy written by Afshin Ellian and published by Springer. This book was released on 2018-11-15 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.

Download or read book The Far Right in International and European Law written by Natalie Alkiviadou and published by Routledge. This book was released on 2019-04-18 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.

Download or read book Militant Democracy and Its Critics written by Anthoula Malkopoulou and published by Edinburgh University Press. This book was released on 2019-05-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can defensive efforts that curtail rights of participation of antidemocratic movements be consistent with democratic values? In this collection of essays, scholars from across politics, philosophy and law address the unresolved practical and theoretical questions concerning democracy and extremism.

Download or read book Terrorism and Counterterrorism After the Caliphate written by Afshin Ellian and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Islamic State (ISIS) perplexed the world when its leader Abu Bakr Al-Baghdadi declared a caliphate in 2014. This declaration was not just followed by territorial expansion, but also by several new developments in terrorism's actors, ideology, methods and geopolitics. Terrorism and Counterterrorism after the Caliphate analyzes these new developments in terrorism and counterterrorism in the wake of the ISIS-caliphate. This multidisciplinary volume combines legal, philosophical and international relations perspectives in two main lines of inquiry. First, the concepts relevant to terrorism and counter-terrorism studies are analyzed, such as the status of the 'caliphate', the role of 'ideology' and the links with 'militant democracy'. Second, country-specific contributions discuss the latest developments in terrorism and counterterrorism in Belgium, the Netherlands, Germany, Italy and the United States. Terrorism and Counterterrorism after the Caliphate is essential reading for researchers and policy makers alike, grappling with the postcaliphate world of terrorism. The book constitutes a timely follow-up to earlier volumes in which Leiden Jurisprudence researchers collaborated with other Dutch and international scholars on the issues of terrorism, counter-terrorism and militant democracy: Terrorism: Ideology, Law and Policy (2011), The State of Exception and Militant Democracy in a Time of Terror (2012) and Militant Democracy - Political Science, Law and Philosophy (2018). Afshin Ellian is Professor of Jurisprudence at Leiden University. His latest book is Reflections on Democracy in the European Union (2020, as coeditor). Bastiaan Rijpkema is Associate Professor of Jurisprudence at Leiden University. His most recent book is Militant Democracy: The Limits of Democratic Tolerance (2018). Gelijn Molier is Associate Professor of Jurisprudence at Leiden University. In 2018 he co-edited Strijd om de democratie: essays over democratische zelfverdediging [Struggle for democracy: essays on democratic selfdefense] Bron: Flaptekst, uitgeversinformatie.

Download or read book Militant Democracy written by Bastiaan Rijpkema and published by Routledge. This book was released on 2018-11-20 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to present a comprehensive theory of militant democracy and to answer questions such as: How can a democracy protect itself against its own downfall? And when is intervention against antidemocrats justified? Against the backdrop of historical and current examples, this book examines a variety of theories from philosophers and legal scholars such as Karl Loewenstein, Karl Popper and Carl Schmitt as well as contemporary alternatives. It compares their interpretations of democracy and militant democracy, discusses how helpful these references are, and introduces two largely forgotten theorists to the militant democracy debate: George van den Bergh and Milan Markovitch. Militant Democracy then sets out to build a novel theory of democratic self-defence on the basis of democracy’s capacity for self-correction. In doing so, it addresses the more classic and current criticisms of the concept, while paying specific attention to the position of the judge, the legal design and effectiveness of party bans, and the national and supranational procedural safeguards that can safeguard the careful application of militant democracy instruments. Militant Democracy seamlessly combines political philosophy, political science and constitutional law to offer a new perspective on democratic self-defence. This book is essential reading for scholars and students of political theory, jurisprudence, democracy, extremism and the history of ideas.

Download or read book Terrorism and Counterterrorism After the Caliphate written by Afshin Ellian and published by . This book was released on 2020-10-12 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Islamic State (ISIS) perplexed the world when its leader Abu Bakr Al-Baghdadi declared a caliphate in 2014. This declaration was not just followed by territorial expansion, but also by several new developments in terrorism's actors, ideology, methods and geopolitics. Terrorism and Counterterrorism after the Caliphate analyzes these new developments in terrorism and counterterrorism in the wake of the ISIS-caliphate. This multidisciplinary volume combines legal, philosophical and international relations perspectives in two main lines of inquiry. First, the concepts relevant to terrorism and counter-terrorism studies are analyzed, such as the status of the 'caliphate', the role of 'ideology' and the links with 'militant democracy'. Second, country-specific contributions discuss the latest developments in terrorism and counterterrorism in Belgium, the Netherlands, Germany, Italy and the United States. Terrorism and Counterterrorism after the Caliphate is essential reading for researchers and policy makers alike, grappling with the postcaliphate world of terrorism. The book constitutes a timely follow-up to earlier volumes in which Leiden Jurisprudence researchers collaborated with other Dutch and international scholars on the issues of terrorism, counter-terrorism and militant democracy: Terrorism: Ideology, Law and Policy (2011), The State of Exception and Militant Democracy in a Time of Terror (2012) and Militant Democracy - Political Science, Law and Philosophy (2018).

Download or read book The Duty to Investigate in Situations of Armed Conflict written by Floris Tan and published by BRILL. This book was released on 2023-09-14 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.

Download or read book The Far Right in Greece and the Law written by Natalie Alkiviadou and published by Taylor & Francis. This book was released on 2022-04-25 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the rise of the far-right in Greece, detailing the legal context in which to understand both the emergence of Golden Dawn, the far-right’s largest grouping, and the 2020 court decision, in which it was deemed to be a criminal organisation. Golden Dawn was a political party which, for years, also functioned as a violent subculture movement, with limited to no interference by the state. This book sets out the background to its rise in Greece, tracing its development from the post-Junta era. At the same time, the book provides an assessment of the legal framework within which the far-right has operated, and the legal tools available to tackle it – including criminal law, non-discrimination law, the laws governing political parties and the public order framework, and the country’s international and European obligations. Golden Dawn functioned as both a political party and violent entity until its leadership and parliamentary members were found guilty of leading and participating in a criminal organisation. This book demonstrates that the state of impunity in which Golden Dawn’s violent hit squads functioned was both a facilitating factor for its rise, and potentially for its demise, as the group potentially felt untouchable. And its attention to how Greek Law has tackled, and failed to tackle, Golden Dawn offers a timely and more generally useful assessment of how legislation, courts and policies can best challenge the far-right. This book will be of interest to those teaching and studying in law and politics, as well as more others, concerned with the rise of the far right and violent organizations, especially in Europe.

Download or read book A New Introduction to Jurisprudence written by Paul Cliteur and published by Routledge. This book was released on 2019-03-28 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to Jurisprudence takes one of the central problems of law and jurisprudence as its point of departure: what is the law? Adopting an intermediate position between legal positivism and natural law, this book reflects on the concept of ‘liberal democracy’ or ‘constitutional democracy’. In five chapters the book analyses: (i) the idea of higher law, (ii) liberal democracy as a legitimate model for the state, (iii) the separation of church and state or secularism as essential for the democratic state, (iv) the universality of higher law principles, (v) the history of modern political thought. This interdisciplinary approach to jurisprudence is relevant for legal scholars, philosophers, political theorists, public intellectuals, historians, and politicians.

Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Download or read book Radicalization in Belgium and the Netherlands written by Nadia Fadil and published by Bloomsbury Publishing. This book was released on 2019-05-30 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of 'radicalization' is now used to account for all forms of violent and non-violent political Islam. Used widely within the security services and picked up by academia, the term was initially coined by the General Intelligence and Security Service of the Netherlands (AIVD) after the 9/11 and Pentagon attacks, an origin that is rarely recognised. This book comprises contributions from leading scholars in the field of critical security studies to trace the introduction, adoption and dissemination of 'radicalization' as a concept. It is the first book to offer a critical analysis and history of the term as an 'empty signifier', that is, a word that might not necessarily refer to something existing in the real world. The diverse contributions consider how the term has circulated since its emergence in the Netherlands and Belgium, its appearance in academia, its existence among the people categorized as 'radicals' and its impact on relationships of trust between public officials and their clients. Building on the traditions of critical security studies and critical studies on terrorism, the book reaffirms the importance of a reflective approach to counter-radicalization discourse and policies. It will be essential reading for scholars of security studies, political anthropology, the study of Islam in the west and European studies.

Download or read book Ethical Militancy written by Natascha Siouzouli and published by Neofelis Verlag. This book was released on 2022-02-21 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, much research has been dedicated to the relationship between politics and aesthetics and, in particular, to the political power of aesthetics. This book makes a claim for what comes before any political decision is made and action taken; for what precedes the need for the subject to take a specific stance and adopt a particular (political) attitude. It interprets the "in-between space of aesthetics" (Erika Fischer-Lichte), where production and reception have traditionally met, as a topos within which "action itself is called into question" (Joseph Vogl). This is a space where aesthetics and ethics converge to trouble affirmations and beliefs, and to challenge the subject. By looking at recent theatrical performances and workshops put on mainly in Athens, Greece, and/or created by Greek artists (Nova Melancholia, Rimini Protokoll, Michael Marmarinos, Theodoros Terzopoulos etc.), this book explores the conditions in which it is possible or necessary for the ethical to emerge in aesthetic contexts. It tracks down the metamorphoses of the ethical and its manifestations in situations of aesthetic unsettling, and reveals hidden ethical paradigms in aesthetic articulations. Furthermore, it focuses on the specific way in which the position of the (ethico-political) subject is articulated within those conditions, arguing that it is impossible for the subject to remain intact once it has entered the ethico-aesthetic space. It asserts that a catastrophe is required, the loss and the vanishing of the subject, in order to reinstate responsibility, to respect the ethicality of time, and to obtain justice; and advocates for the rise of the object, allowing for an unfamiliar political discourse to take the stage.

Download or read book Crimmigrant Nations written by Robert Koulish and published by Fordham University Press. This book was released on 2020-03-03 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the distinction between domestic and international is increasingly blurred along with the line between internal and external borders, migrants—particularly people of color—have become emblematic of the hybrid threat both to national security and sovereignty and to safety and order inside the state. From building walls and fences, overcrowding detention facilities, and beefing up border policing and border controls, a new narrative has arrived that has migrants assume the risk for government-sponsored degradation, misery, and death. Crimmigrant Nations examines the parallel rise of anti-immigrant sentiment and right-wing populism in both the United States and Europe to offer an unprecedented look at this issue on an international level. Beginning with the fears and concerns of immigration that predate the election of Trump, the Brexit vote, and the signing and implementation of the Schengen Agreement, Crimmigrant Nations critically analyzes nationalist state policies in countries that have criminalized migrants and categorized them as threats to national security. Highlighting a pressing and perplexing problem facing the Western world in 2020 and beyond, this collection of essays illustrates not only how anti-immigrant sentiments and nationalist discourse are on the rise in various Western liberal democracies, but also how these sentiments are being translated into punitive and cruel policies and practices that contribute to a merger of crime control and migration control with devastating effects for those falling under its reach. Mapping out how these measures are taken, the rationale behind these policies, and who is subjected to exclusion as a result of these measures, Crimmigrant Nations looks beyond the level of the local or the national to the relational dynamics between different actors on different levels and among different institutions.

Download or read book States of Emergency in Liberal Democracies written by Nomi Claire Lazar and published by Cambridge University Press. This book was released on 2009-06-30 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows how emergency powers can be justifiable in liberal democracies without suspending liberal norms.

Download or read book Terror and Democracy in West Germany written by Karrin Hanshew and published by Cambridge University Press. This book was released on 2012-08-20 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karrin Hanshew examines West German responses to 1970s terrorism to explain why the experience had lasting significance for German politics and society.

Download or read book A New Introduction to Legal Method written by Paul Cliteur and published by Routledge. This book was released on 2022-04-04 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Introduction to Legal Method provides a comprehensive overview of legal science and the scientific character of legal knowledge. In five chapters, the book analyses and explores: (i) legal methodology in general, the main features of different schools of thought, and the nature of science in general; (ii) American realism, which offers an ideal starting point for law students to reflect on the material they are about to study critically; (iii) rationalism, empiricism, and logical positivism, in particular the work of Karl Popper; (iv) criticisms of essentialism; (v) the ideological and philosophical background of contemporary liberal interpretation. The inclusion of Dutch, French, and German literature sources makes this law title differ from previous writings on legal science. This textbook is ideal for students of legal method, and will be of great interest to those studying legal science, jurisprudence, legal research,and legal skills.