This book draws on empirical analysis to question traditional assumptions about emergencies as 'exceptions' and to develop an alternative conceptual framework for the study of emergency powers' long-term effects. Its original analysis will be of interest to academics and students of international law, domestic public law, and political science.
This book draws on empirical analysis to question traditional assumptions about emergencies as 'exceptions' and to develop an alternative conceptual framework for the study of emergency powers' long-term effects. Its original analysis will be of interest to academics and students of international law, domestic public law, and political science.
Karin Loevy is a research scholar with the Institute of International Law and Justice at New York University School of Law where she also manages the J.S.D. Program. Her work on the law and politics of emergencies has been published in such journals as the Asian Journal of International Law, Studies in Law, Politics, and Society, and the Journal of Transnational Law and Contemporary Problems. Previously, she worked as a litigator with a leading Israeli public law firm.
Inhaltsangabe
Introduction; Part I. Theories of Containment: 1. An introduction to the background theoretical problem: the paradox and its paradigmatic solutions; 2. The legacy of the models in the legal politics of emergencies; Part II. Practices of Containment: 3. The legal politics of definitions: Article 15 derogations in the House of Lords; 4. The legal politics of authorization: the Office of Legal Council (OLC) in the US executive and the Joint Committee on Human Rights (JCHR) in the UK Parliament; 5. The legal politics of jurisdiction: regional intervention in a domestic disaster, Cyclone Nargis in 2008; 6. The legal politics of time and temporality: ticking time in the Israeli Supreme Court; Part III. Consequences of Containment: 7. The legal politics of change and continuity in emergencies; 8. Horizons of containment: a dialectic process story of emergencies and change; Epilogue.
Introduction; Part I. Theories of Containment: 1. An introduction to the background theoretical problem: the paradox and its paradigmatic solutions; 2. The legacy of the models in the legal politics of emergencies; Part II. Practices of Containment: 3. The legal politics of definitions: Article 15 derogations in the House of Lords; 4. The legal politics of authorization: the Office of Legal Council (OLC) in the US executive and the Joint Committee on Human Rights (JCHR) in the UK Parliament; 5. The legal politics of jurisdiction: regional intervention in a domestic disaster, Cyclone Nargis in 2008; 6. The legal politics of time and temporality: ticking time in the Israeli Supreme Court; Part III. Consequences of Containment: 7. The legal politics of change and continuity in emergencies; 8. Horizons of containment: a dialectic process story of emergencies and change; Epilogue.
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