| Description |
1 online resource (x, 348 pages) |
| Series |
Ius Gentium ; v. 14 |
|
Ius gentium (Dordrecht, Netherlands) ; v. 14.
|
| Contents |
Introduction: Security, Criminal Justice and Human Rights in Countering Terrorism in the Post 9/11 Era / Aniceto Masferrer -- Part 1. STATE POWER AND LEGAL RESPONSES FROM AN HISTORICAL PERSPECTIVE -- The State Power and the Limits of the Principle of Sovereignty: An Historical Approach / Aniceto Masferrer and Juan A. Obarrio -- Legal Concepts of Terrorism as Political Crime and International Criminal Law in Eighteenth and Nineteenth Century Europe / Karl Härter -- Part 2. DEFINING TERRORISM -- Civilising the Exception: Universally Defining Terrorism / Ben Saul -- Terrorism: Limits Between Crime and War. The Fallacy of the Slogan 'War on Terror' / Mariona Llobet -- Part 3. KEEPING COUNTER-TERRORISM WITHIN THE CRIMINAL LAW JUSTICE? -- The Impact of Contemporary Security Agendas Against Terrorism on the Substantive Criminal Law / Clive Walker -- The War on Terror and Crusading Judges: Re-establishing the Primacy of the Criminal Justice System / Francesca Galli -- Secret Evidence and Its Alternatives / Kent Roach -- Evolution of British Law on Terrorism: From Ulster to Global Terrorism (1970-2010) / Leandro Martínez-Peñas and Manuela Fernández-Rodríguez -- Australian Responses to 9/11: New World Legal Hybrids? / Simon Bronitt and Susan Donkin -- Democratic States' Response to Terrorism: A Comparative Reflection on the Perceived Role of the Judiciary in the Protection of Human Rights and Civil Liberties / Marinella Marmo -- The U.S. Response to Cuban and Puerto Rican Right-Wing Terrorism in the Pre and Post 9/11 Era / José M. Atiles-Osoria -- Part 4. COUNTER-TERRORISM FROM AN INTERNATIONAL-LAW PERSPECTIVE -- Permanent Legal Emergencies and the Derogation Clause in International Human Rights Treaties: A Contradiction? / Christopher Michaelsen -- National Self-Defence in the Age of Terrorism: Immediacy and State Attribution / Mark D. Kielsgard |
| Summary |
The terrorist attacks which occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2004, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations as well as its residents. 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 from the absolute power of Leviathan |
| Analysis |
Law |
|
Philosophy of law |
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Criminology |
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Private International Law, International & Foreign Law, Comparative Law |
|
Political Science, general |
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Criminology & Criminal Justice |
| Bibliography |
Includes bibliographical references |
| Subject |
Terrorism -- Prevention -- Law and legislation.
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Terrorism -- Prevention -- Government policy
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Terrorism -- Moral and ethical aspects
|
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Human rights.
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Human Rights
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POLITICAL SCIENCE -- Political Freedom & Security -- Terrorism.
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Sciences sociales.
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Sciences humaines.
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Human rights
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Terrorism -- Moral and ethical aspects
|
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Terrorism -- Prevention -- Government policy
|
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Terrorism -- Prevention -- Law and legislation
|
| Form |
Electronic book
|
| Author |
Masferrer, Aniceto, 1971-
|
| ISBN |
9789400740624 |
|
940074062X |
|
