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Counterterrorism: Democracy's Challenge (Studies in International Law) (v. 20)
 
 
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Counterterrorism: Democracy's Challenge (Studies in International Law) (v. 20) [Hardcover]

Andrea Bianchi (Editor), Alexis Keller (Editor)

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Book Description

1841138185 978-1841138183 July 30, 2008
Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learned from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book assesses the effects of contemporary counterterrorism law and policies on democratic states. In particular, the book considers the interaction between national and international law in shaping and implementing anti-terror measures, as well as the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. Counterterrorism: Democracy's Challenge also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive, and judicial branches of government, giving reason to inquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists, and lawyers, this book promotes transdisciplinary dialogue, recognizing that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.

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Editorial Reviews

Review

...an important resource for those who continue working in the area of legal responses to the threat of terrorism and also those who will come to it in the years ahead...a worthwhile book for those who teach and research the domestic and international challenges and changes ushered in by the 2001 terrorism attacks on the United States.Andrew LynchThe Law & Politics Book ReviewVol.19, No.3 (March 18, 2009)...put simply, such a well-rounded, scholarly and analytical account ought to be recommended reading for any student of liberal democracy's battle against terrorism.Rory Stephen BrownItalian Yearbook of International LawVol XVIII, 2008

About the Author

Andrea Bianchi is Professor of International Law at the Graduate Institute of International and Development Studies, Geneva and at the Faculty of Law of the Catholic University, Milan. In 2004 he edited Enforcing International Law Norms against Terrorism (Hart)Alexis Keller is Professor of History of Legal and Political Thought at the Faculty of Law of the University of Geneva. Together with Pierre Allan he has recently edited What is a Just Peace? (Oxford University Press, 2006)

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
terrorism bill, suicide pact, targeted killings, monitoring team, enemy aliens, judicial ontology, power law paradigm, material support laws, militarised response, judicial balancing, control order regime, human rights monitoring bodies, terror financing, third subtest, torture evidence, human rights paradigm, perpetrator state, derogation order, preventive paradigm, societal body, closed material, proportionality analysis, suspected international terrorists, targeted sanctions
Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, United Kingdom, Secretary of State, Belmarsh Detainees, Lord Bingham, Supreme Court, House of Lords, New York, Court of Appeal, Security Council, Lord Hoffmann, Home Secretary, High Court, Cambridge University Press, European Convention, President Barak, Public Law, The Times, Northern Ireland, Geneva Conventions, Times of Stress, Historical Perspective, Oxford University Press, Law Lords, Home Office
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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