By Oren Gross
The terrorist assaults of September eleven, 2001, and the resultant 'war on terror' have targeted cognizance on matters that experience formerly lurked in a gloomy nook on the fringe of the felony universe. This e-book offers a scientific and entire test by means of felony students to conceptualize the idea of emergency powers, combining post-September eleven advancements with extra normal theoretical, ancient and comparative views. The authors study the interface among legislations and violent crises via background and throughout jurisdictions, bringing jointly insights gleaned from the Roman republic and Jewish legislations via to the preliminary responses to the July 2005 assaults in London. 3 types of emergency powers are used to provide a conceptualization of emergency regimes, giving a coherent perception into law's interface with and law of situation and a particular capability to judge the felony techniques open to states for facing crises.
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Additional resources for Law in Times of Crisis: Emergency Powers in Theory and Practice
Example text
29 Although the appointment of a dictator was a radical constitutional move undertaken in exceptional times of crisis, an appearance of normality was maintained as much as possible. During the operation of a dictatorship, the regular institutions of the state -- the consulship, the tribunes, the Senate, and all other office holders -- continued to fulfill their normal functions and retained their full authority. ’’ Machiavelli contrasts this feature of the dictatorship with the rule of the Decemviri, ‘‘for they annulled the consuls and the tribunes; they gave them[selves] authority to make laws and do any other thing, like the Roman people.
In the crises which lead to its adoption, the State is either soon lost, or soon saved; and, the present need passed, the dictatorship becomes either tyrannical or idle. At Rome, where dictators held office for six months only, most of them abdicated before their time was up. If their term had been longer, they might well have tried to prolong it still further, as the decemvirs did when chosen for a year. 23 This limitation reflected the military origins of the dictatorship and the fact that dictators were to be appointed to deal with acute military crises.
Watkins, ‘‘The Problem of Constitutional Dictatorship’’ (1940) 1 Public Policy 324 at 368--79. P. , 1984), p. 4. Bhagat Singh and Others v. R. C. 111, 111. See also Ningkan v. C. 379 at 390; Alex P. Schmid and Albert J. Jongman, Political Terrorism: A New Guide to Actors, Authors, Concepts, Data Bases, Theories and Literature (Amsterdam: North-Holland, 1988), pp. 1--38; Oren Gross, ‘‘ ‘Once More unto the Breach’: The Systemic Failure of Applying the European Convention on Human Rights to Entrenched Emergencies’’ (1998) 23 Yale Journal of International Law 437 at 438--39; Keith E.