Emergencies in Public Law: The Legal Politics of Containment
Autor Karin Loevyen Limba Engleză Hardback – 10 mar 2016
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Specificații
ISBN-13: 9781107123847
ISBN-10: 1107123844
Pagini: 338
Dimensiuni: 158 x 236 x 24 mm
Greutate: 0.62 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
ISBN-10: 1107123844
Pagini: 338
Dimensiuni: 158 x 236 x 24 mm
Greutate: 0.62 kg
Editura: Cambridge University Press
Colecția Cambridge University Press
Locul publicării:New York, United States
Cuprins
Introduction; Part I. Theories of Containment: 1. An introduction to the background theoretical problem: the paradox and its paradigmatic solutions; 2. The legacy of the models in the legal politics of emergencies; Part II. Practices of Containment: 3. The legal politics of definitions: Article 15 derogations in the House of Lords; 4. The legal politics of authorization: the Office of Legal Council (OLC) in the US executive and the Joint Committee on Human Rights (JCHR) in the UK Parliament; 5. The legal politics of jurisdiction: regional intervention in a domestic disaster, Cyclone Nargis in 2008; 6. The legal politics of time and temporality: ticking time in the Israeli Supreme Court; Part III. Consequences of Containment: 7. The legal politics of change and continuity in emergencies; 8. Horizons of containment: a dialectic process story of emergencies and change; Epilogue.
Recenzii
'Karin Loevy manages in this book to provide what I had thought impossible given the extensive literature on the topic of states of emergency - a wholly novel and most productive perspective. She argues that one needs to take a long view of how to understand emergencies, that is, not as events of short duration but rather as unfolding over lengthy periods, which in turn enables her to understand emergencies in terms of dynamic trends and processes rather than as discrete events. She thus sheds important new light on the relationship between the norm and the exception.' David Dyzenhaus, University of Toronto, and Fellow of the Royal Society of Canada
'In this bold and powerfully argued book, Loevy shows how certain theoretical frameworks for understanding emergencies have led us astray. Digging beneath the prevailing imagery of sovereign deciders and sudden ruptures in the fabric of everyday governance, Emergencies in Public Law reveals a more complex and dynamic politics of competing institutions, layered temporalities, and political mobilizations. By combining conceptual work with well-selected and carefully researched case studies of emergencies, this book is a model of empirically engaged legal and political theory.' Leonard Feldman, Hunter College, City University of New York
'In Emergencies [in] Public Law, Loevy gives us an erudite and magisterial account of emergency powers, leading us through time and place from ancient Rome to Alexandria, DC to Guantánamo Bay, and from Belmarsh prison to the Israeli Supreme Court to disaster relief efforts in the Irrawaddy Delta in Myanmar. Along the way, Loevy offers us a fresh perspective on emergency powers that challenges the standard theoretical accounts, reframing emergencies and our legal responses to them as complex and dynamic processes requiring flexibility, reflexivity, and adaptability. Her provocative book will send us back to the drawing board with a new set of tools for containing emergencies.' Victor V. Ramraj, University of Victoria, Canada
'In this bold and powerfully argued book, Loevy shows how certain theoretical frameworks for understanding emergencies have led us astray. Digging beneath the prevailing imagery of sovereign deciders and sudden ruptures in the fabric of everyday governance, Emergencies in Public Law reveals a more complex and dynamic politics of competing institutions, layered temporalities, and political mobilizations. By combining conceptual work with well-selected and carefully researched case studies of emergencies, this book is a model of empirically engaged legal and political theory.' Leonard Feldman, Hunter College, City University of New York
'In Emergencies [in] Public Law, Loevy gives us an erudite and magisterial account of emergency powers, leading us through time and place from ancient Rome to Alexandria, DC to Guantánamo Bay, and from Belmarsh prison to the Israeli Supreme Court to disaster relief efforts in the Irrawaddy Delta in Myanmar. Along the way, Loevy offers us a fresh perspective on emergency powers that challenges the standard theoretical accounts, reframing emergencies and our legal responses to them as complex and dynamic processes requiring flexibility, reflexivity, and adaptability. Her provocative book will send us back to the drawing board with a new set of tools for containing emergencies.' Victor V. Ramraj, University of Victoria, Canada
Notă biografică
Descriere
This book challenges the traditional framing of emergency powers as 'exceptions' by illustrating their long-term legal and political effects.