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Klappentext An examination of the ability of law and the courts to constrain state power exercised in the course of an emergency. Zusammenfassung The essays in this book examine the ability of law and the courts to constrain state powers (e.g. of preventive detention and torture) exercised in the course of an emergency such as the aftermath of a terrorist attack. Inhaltsverzeichnis 1. No doctrine more pernicious? Emergencies and the limits of legality Victor V. Ramraj; Part I. Legality and Extralegality: 2. The compulsion of legality David Dyzenhaus; 3. Extralegality and the ethic of political responsibility Oren Gross; Part II. Conceptual and Normative Theories: 4. Emergency logic: prudence, morality, and the rule of law Terry Nardin; 5. Indefinite detention: rule by law or rule of law? R. Rueban Balasubramaniam; Part III. Political and Sociological Theories: 6. The political constitution of emergency powers: some conceptual issues Mark Tushnet; 7. A topography of emergency power Nomi Claire Lazar; 8. Law, terror and social movements: the repression-mobilisation nexus Colm Campbell; Part IV. Prospective Constraints on State Power: 9. Emergency strategies for prescriptive legal positivists: anti-terrorist law and legal theory Tom Campbell; 10. Ordinary laws for emergencies and democratic derogation from rights Kent Roach; 11. Presidentialism and emergency government William E. Scheuerman; Part V. Judicial Responses to Official Disobedience: 12. Necessity, torture and the rule of law A. P. Simester; 13. Deny everything: intelligence activities and the rule of law Simon Chesterman; Part VI. Post-Colonial and International Perspectives: 14. Exceptions, bare life and colonialism Johan Geertsema; 15. Struggle over legality in the midnight hour: governing the international state of emergency Kanishka Jayasuriya; 16. Inter arma silent leges? Black hole theories of the laws of war C. L. Lim.
