Post 9/11 and the State of Permanent Legal Emergency: Security and Human Rights in Countering Terrorism (Ius Gentium: Comparative Perspectives on Law and Justice (14))
Language: English
Published by Springer, 2012
Series: Book 17 of 144 - Ius Gentium: Comparative Perspectives on Law and Justice
- Hardcover
- Used
Seller: Mispah books, Redhill, Surrey, United KingdomMispah books
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- Title
- Post 9/11 and the State of Permanent Legal Emergency: Security and Human Rights in Countering Terrorism (Ius Gentium: Comparative Perspectives on Law and Justice (14))
- Publisher
- Springer
- Publication year
- 2012
- Condition
- Like New
- Book Type
- book
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 9400740611
- ISBN 13
- 9789400740617
- Series
- Book 17 of 144: Ius Gentium: Comparative Perspectives on Law and Justice
"Synopsis" may belong to another edition of this title.
From the Back Cover
This book is devoted to exploring a problem which has been recurrent at times of crisis and must be constantly deliberately as new threats emerge: the necessity of limiting State power to protect individuals, including non-citizens. Accordingly, it is important to recognize human rights which exist prior to the State. These pre-political or natural rights lie beyond the siren song of sovereignty and are not negotiable whether through legislation, executive power (or otherwise). Protecting these rights, as conceived in law, curtails the excessive exercise of State power. The recognition of the pre-political character of human rights poses objective limits both to the State itself and to the exercise of State authority, precluding in the 9/11 era for all States sooner or later (later for the militarily mighty) counter terrorism tactics which involve unending and capricious derogations from rights or even the setting aside of non-derogable rights.
In countering terrorism, the State is not allowed to exercise unrestrained power. It may not rely on a supposed national or popular sovereignty or even on the legitimacy of the democratic process. While establishing limits on State power and lawmaking may not completely resolve the complex relationship between national security and the protection of fundamental rights, it may moderate the State’s often excessive utilitarian approach which, focusing more on the quantum than on quod, ignores the pre-political dimension of human rights and trivializes – if not ignores – the dignity of each human being, leaving him/her unprotected fromthe absolute power of Leviathan.
"About the title" may belong to another edition of this title.
Mispah books
Redhill, Surrey, United Kingdom
AbeBooks seller since April 15, 2021
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We have collection of General books ,Science Books, Fiction & Academic Books. we ship from multiple location. Delhi, US and UK Return Address Mispah books flat4 , Centenary court, 30 Warwick Road Redhill , SURRE RH1 1FQ United Kingdom
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