Download or read book The Constitutional Value of Sunset Clauses written by Antonios Emmanouil Kouroutakis and published by Routledge. This book was released on 2016-10-04 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.

Download or read book Terrorism and the Law written by Clive Walker and published by Oxford University Press. This book was released on 2011-03-03 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism law and legal practice has been politically and socially controversial to a degree beyond almost any other legal issue during the past few years, and this analytical text contains extensive analysis of these controversies. Terrorism and the Law offers a thoughtful and up-to-date discussion of all the key materials on terrorism law. It provides comprehensive coverage of all the major domestic, European, and international laws, and their impact on the UK. It also contains an extensive examination of the implementation of these terrorism laws, and of the practical issues they raise. The book contains three Parts. Part I focuses on meanings of 'terrorism' in law and political science. It provides the reader with an understanding of the phenomenon and the legal concept, including its statutory definitions, which is essential to the book's assessment of the strategies and tactics adopted in the codes of laws. It also covers normative constraints, such as human rights. Part II focuses on the United Kingdom law. It provides extensive coverage of the major UK terrorism legislation, such as: the Terrorism Act 2000; the Anti-Terrorism, Crime and Security Act 2001; the Prevention of Terrorism Act 2005; the Terrorism Act 2006; the Terrorism (Northern Ireland) Act 2006; the Justice and Security (Northern Ireland) Act 2007; and the Counter-Terrorism Act 2008. It also examines the key laws and rules relating to terrorism policing and legal processes. It discusses the meaning of these legislative materials, as well as their implementation, and includes reference to case law and practice statements from the police and courts. Part III reflects the impact of European, international and transnational laws and practices, covering international transnational cooperation and extradition, key European Union law measures against terrorism, other international law measures against terrorist activities, and international human rights and terrorism.

Download or read book The Normative Claim of Law written by Stefano Bertea and published by Bloomsbury Publishing. This book was released on 2009-10-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on a specific component of the normative dimension of law, namely, the normative claim of law. By 'normative claim' we mean the claim that inherent in the law is an ability to guide action by generating practical reasons having a special status. The thesis that law lays the normative claim has become a subject of controversy: it has its defenders, as well as many scholars of different orientations who have acknowledged the normative claim of law without making a point of defending it head-on. It has also come under attack from other contemporary legal theorists, and around the normative claim a lively debate has sprung up. This debate makes up the main subject of this book, which is in essence an attempt to account for the normative claim and see how its recognition moulds our understanding of the law itself. This involves (a) specifying the exact content, boundaries, quality, and essential traits of the normative claim, (b) explaining how the law can make a claim so specified, and (c) justifying why this should happen in the first place. The argument is set out in two stages, corresponding to the two parts in which the book is divided. In the first part, the author introduces and discusses the meaning, status, and fundamental traits of the normative claim of law; in the second he explores some foundational questions and determines the grounds of the normative claim of law by framing an account that elaborates on some contemporary discussions of Kant's conception of humanity as the source of the normativity of practical reason.

Download or read book Evaluation and Turbulent Times written by Jan-Eric Furubo and published by Routledge. This book was released on 2017-09-08 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now more than ever, policy evaluation is an important component in addressing the world's economic crisis. Before it can do so, the discipline must adapt to changing economic and political environments. The contributors address a basic question: What impact do crises have on evaluation and how can evaluation contribute in times of turbulence? Examining the state of evaluation today, the volume's editors cover a broad range of topics, including post-hoc evaluation; shifting economic paradigms; the World Bank Group's response to the global economic crisis; challenges in evaluating financial literacy; evaluating counter-terrorism programs; evaluation in the context of humanitarian crises; and why civil society organizations in sub-Saharan Africa matter in evaluating poverty interventions. The contributors explore the role of evaluation in the search for solutions to global instability. They recognize, however, that in order to address unprecedented crises, evaluation itself needs to be evaluated and updated as part of the process of change and reform. This volume is the latest in Transaction's well-respected Comparative Policy Evaluation series.

Download or read book The Work of the Committee in the 2001 2005 Parliament written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2005-05-26 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this report the Committee describes and explains the full range of its work over the course of the 2001-2005 Parliament. The Committee distils from its experience a number of suggestions for consideration by its successor committee and recommendations addressed to the Government, in order to enhance the integration of human rights considerations into the overall policy and legislative process. Chapter 2 explains the background to the Committee's establishment. Chapter 3 covers the legislative scrutiny performed by the Committee. The monitoring of the implementation of the Human Rights Act is the subject of chapter 4, while chapter 5 covers work in relation to institutional support for human rights within the UK. The inquiries into the international treaties to which the UK is a party are dealt with in chapter 6, including the Convention on the Rights of the Child, the International Covenant on Economic Social and Cultural Rights, and the Convention on the Elimination of Racial Discrimination. The final chapter describes the work undertaken on monitoring action taken by the Government in response to incompatibilities with Convention rights, arising from Strasbourg judgments and declarations of incompatibility by UK courts.

Download or read book International Legal Dimension of Terrorism written by Pablo Antonio Fernández Sánchez and published by BRILL. This book was released on 2009 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes annex: The Huelva Declaration for an Alliance of Civilizations against Terrorism.

Download or read book British and Canadian Perspectives on International Law written by Christopher P.M. Waters and published by BRILL. This book was released on 2006-09-29 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: British and Canadian Perspectives on International Law examines the impact of public international law on the United Kingdom’s and Canada’s domestic legal systems. It also analyses the contributions of British and Canadian practice to the development of international norms. Topics addressed include international criminal law, international humanitarian law, human rights and human security, asylum, trade, jurisdiction, ‘reception law’ and media portrayals of international law. Whereas international law scholarship usually takes a global, regional or national approach, this book's chapters are written by leading scholars and practitioners from both countries and provide unique comparative views. While there remains much in common between the two states' understandings of international law, recent developments have shown significant points of departure.

Download or read book The Liberty of Non citizens written by Rayner Thwaites and published by Bloomsbury Publishing. This book was released on 2014-11-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book addresses the legality of indefinite detention in countries including Australia, the United Kingdom and Canada, enabling a rich cross-fertilisation of experiences and discourses. The issue has arisen where a government is frustrated in its ability to remove a non-citizen subject to a removal order and employs a power to detain him until removal. The cases raise fundamental questions about the nature and extent of immigration powers, the legal position of non-citizens and counter-terrorism law and policy. More broadly, the judgments have become key reference points in discussions of constitutionalism, rights and a range of contemporary issues in public law.The book analyses the legal context, reasoning and implications of the case law on indefinite detention. It argues that the law of each jurisdiction contains ample resources to support a ruling that indefinite detention is illegal. It demonstrates that, taking into account variations in legal frameworks and doctrines, a judge's response to indefinite detention is determined by his or her answer to the question whether a non-citizen, subject to a removal order, retains a right to liberty. It details how a judge's answer flows through his or her adjudication on the scope of the relevant exception to liberty.The thesis on which the book is based won the 2010 Marks Medal from the University of Toronto Law Faculty for the best graduate thesis.

Download or read book Blackstone s Guide to the Anti terrorism Legislation written by Clive Walker and published by Blackstone Press. This book was released on 2009 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a commentary on all parts of the Terrorism Act 2000, and as well as providing expert explanation of the key anti-terrorism legislation, including the Counter-Terrorism Act 2008.

Download or read book Post 9 11 and the State of Permanent Legal Emergency written by Aniceto Masferrer and published by Springer Science & Business Media. This book was released on 2012-05-09 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.

Download or read book Terrorism and Anti terror Legislation the Terrorised Legislator written by Anna Oehmichen and published by . This book was released on 2009 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume deals with terrorism, both the legislative reactions to it and its impact on human rights. It is argued that the preservation of human rights is vital for the prevention of terrorism, encompassing state and non-state terrorism alike. Further, the study shows that legislators tend to disregard fundamental human rights when confronted with terrorism. They are "terrorised" themselves by the incident and risk to overreact. After an historical account of selected (pseudo-?)terrorist movements throughout time and space, an inventory of anti-terror legislation in four European countries within the last forty years follows. In this context, the author examines the role of the judiciary with a special focus on the European Court of Human Rights in Strasbourg. As a result, we get a complex view on what happened with regard to terrorism and anti-terrorism in different European countries in the past and is happening at present, and what this means for human rights. This allows us to put contemporary anti-terror legislation into perspective. How have different governments dealt with terrorism in the past? How has the law developed after September 11th 2001? Which lessons can be learned, and what can we expect in the future? About this book 'This book is to be recommended since it discusses both the European choices in the fight against terror and their problems.' Sarah Baier in Newsletter Menschenrechte 2010 (1).

Download or read book Parliamentary Debates Hansard written by Great Britain. Parliament. House of Commons and published by . This book was released on 2007 with total page 1718 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Civil Rights and Security written by David Dyzenhaus and published by Routledge. This book was released on 2009 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this volume focus on the appropriate relationship between rights and counterterrorism policy and form part of the surge of scholarship on security and human rights resulting from the 'war on terror'. The articles also take account of issues of security where terrorism is not a factor, and reflect the attempt to rethink more generally the concept of security and its relationship to rights.

Download or read book The European Union counter terrorism and police co operation 1991 2007 written by David Brown and published by Manchester University Press. This book was released on 2013-07-19 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the underlying foundations on which the European Union's counter-terrorism and police co-operation policies have been built since the inception of the Treaty on European Union, questioning both the effectiveness and legitimacy of the EU's efforts in these two critically important security areas. Given the importance of such developments to the wider credibility of the EU as a security actor, this volume adopts a more structured analysis of key stages of the implementation process. These include the establishment of objectives, both at the wider level of internal security co-operation and in terms of both counter-terrorism and policing, particularly in relation to the European Police Office, the nature of information exchange and the 'value added' by legislative and operational developments at the European level. It also offers a more accurate appraisal of the official characterisation of the terrorist threat within the EU as a 'matter of common concern'. In doing so, not only does it raise important questions about the utility of the European level for organising internal security co-operation, but it also provides a more comprehensive assessment of the EU's activities throughout the lifetime of the Third Pillar, placing in a wider and more realistic context the EU's reaction to the events of 11 September 2001 and the greater prominence of Islamist terrorism.

Download or read book Serious Fraud and Current Issues written by Sally Ramage and published by iUniverse. This book was released on 2005-06 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fraud is big business and it rots the fabric of finance and accountancy, as it is exercised by all day trading of bonds, junk bonds, loans. Twenty-five years ago, fraud was said to be rapidly expanding and manifests itself by shady deals, fraudulently converted cash. Fraudsters who are active, especially electronic fraud, do in fact treat the use of fraud as serious "business" and the execution of frauds as "work", much as other criminals treat their activities as their "job"! Identity theft poses a frightening threat of being taken in by crooks. If twenty-five years ago it was estimated that the amount of fraudulent cash around the world at any one time more than equalled the Gross National Products of several third-world countries, it would not be believed--a damning indictment indeed. In this fascinating and comprehensive study on Fraud the author takes advantage of the fact that people seem thrilled to hear about frauds, like murders. She has prepared works that will use the reader's' attention to discuss law enforcement and the consequences of breaking the law by committing frauds.

Download or read book Journals of the House of Lords written by Great Britain. Parliament. House of Lords and published by . This book was released on 2005 with total page 1396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appendices accompany vols. 64, 67-71.

Download or read book Saskatchewan Law Review written by and published by . This book was released on 2006 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: