Post 9/11 and the State of Permanent Legal Emergency
Language: English
Published by Springer, 2014
Series: Book 17 of 144 - Ius Gentium: Comparative Perspectives on Law and Justice
- Softcover
- New

Seller: Books Puddle, Woodside, NY, U.S.A.Books Puddle
AbeBooks seller since November 22, 2018
Condition: New
£ 195.42
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Add to basketItem description from seller
pp. 360.
Seller Inventory # 26128121282
- Title
- Post 9/11 and the State of Permanent Legal Emergency
- Publisher
- Springer
- Publication year
- 2014
- Condition
- New
- Binding
- Soft cover
- Language
- English
- ISBN 10
- 9400796447
- ISBN 13
- 9789400796447
- 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.
Books Puddle
Woodside, NY, U.S.A.
AbeBooks seller since November 22, 2018
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