Emergencies and the limits of legality / edited by Victor V. Ramraj.

Cambridge ; New York : Cambridge ; New York : Cambridge University Press, 2008

75444

War and emergency powers.

Introduction

1 No doctrine more pernicious? Emergencies and the limits of legality

PART ONE Legality and extra-legality

2 The compulsion of legality

3 Extra-legality and the ethic of political responsibility

PART TWO Conceptual and normative theories

4 Emergency logic: prudence, morality and the rule of law

5 Indefinite detention: rule by law or rule of law?

PART THREE Political and sociological theories

6 The political constitution of emergency powers: some conceptual issues

7 A topography of emergency power

8 Law, terror and social movements: the repression-mobilization nexus

PART FOUR Prospective constraints on state power

9 Emergency strategies for prescriptive legal positivists: anti-terrorist law and legal theory

10 Ordinary laws of emergencies and democratic derogation from rights

11 Presidentialism and emergency government

PART FIVE Judicial responses to official disobedience

12 Necessity, torture and the rule of law

13 Deny everything: intelligence activities and the rule of law

PART SIX Post-colonial and international perspectives

14 Exceptions, bare life and colonialism

15 Struggle over legality on the midnight hour: governing the international state of emergency

16 Inter arma silent leges? Black hole theories of the laws of war

Includes bibliographical references and index.

9780521895996

xii, 415 p. ; 24 cm