Counterterrorism: Democracys Challenge: 20 (Studies in International Law) - Hardcover

Bloomsbury

Hardcover

ISBN 10: 1841138185 ISBN 13: 9781841138183

Publisher: Hart Publishing, 2008

Synopsis

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.

About this title

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 Lynch The Law & Politics Book Review Vol.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 Brown Italian Yearbook of International Law Vol 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)

About this edition

• Publisher: Hart Publishing
• Publication date: 2008
• ISBN 10: 1841138185
• ISBN 13: 9781841138183
• Binding: Hardcover
• Number of pages: 438
• Editor: Andrea Bianchi, Alexis Keller