1,721,092 research outputs found
The afterlife of 9/11
No full textThis volume appears twenty years after 9/11, a good time to assess what pundits predicted at the time of the attacks, which was that “everything had changed.” With the benefit of hindsight, can we now say that was an overstatement? What changed – and how? In this conclusive chapter, the editors of the volume try to answer these questions
Introduction
No full textThis introductory chapter, written by the two editors of the volume, sets the theoretical background and explains the research questions of the book; afterwards, the structure of the book is presented
9/11 and the rise of global anti-terrorism law. How the UN Security Council rules the world
No full textNo abstract availabl
The multilevel governance of emergency in counterterrorism.The “globalization” of the law of exception?
No full textIn exceptional circumstances, defined as “emergencies”, states can limit human rights and personal freedoms, as long as restrictions are proportionate and necessary. From a comparative constitutional law perspective, several “emergency models” can be envisaged. At the same time, several international law tools provide for the possibility to derogate guarantees embodied therein in order to tackle exceptional circumstances. Since September 11, 2001, international terrorism has represented one of the biggest challenges for democratic countries and such a “global” threat still afflicts our democracies. Nevertheless, few countries have triggered their emergency provisions, as contained either in national constitution or legislation. Rather, limitations of human rights are often embodied in “ordinary” measures, so posing a high risk of “normalizing” restrictions of rights outside of a legally regulated and temporary state of emergency. How far has the “normalization” of exceptional circumstances come in times of international terrorism in democratic systems? Which is the relationship between international law provisions allowing derogation from human rights embodied in treaties and national emergency provisions? How can the international level impact on the other levels in determining exceptional measures? Are several de facto emergency provisions challenging the above-described models, which classify emergency regimes from a constitutional law perspective
European and United States Counter-Terrorism Policies, the Rule of Law and Human Rights
Get PDFOn 15 March 2011 the Global Governance Programme at the EUI hosted a High-Level Policy Seminar (HLPS) on ""European and United States Counter-Terrorism Policies, the Rule of Law and Human Rights"". The first part of the event consisted of a transatlantic dialogue on legal issues in the fight against terrorism, with addresses by the Legal Adviser of the US Department of State, Harold Hongju Koh and the EU Counter-Terrorism Coordinator, Gilles de Kerchove. The second part of the HLPS consisted of focused discussions introduced by academics and clustered around four big themes: terrorist blacklisting, definitions of terrorism, detention, trial and the role of criminal law in the fight against terrorism, and finally the positions of the EU and the US in relation to counter-terrorism and the role of Islam. This joint policy paper is based on a selection of memoranda written mainly by academics to launch the debates in the second part of the HLPS. After the event the authors were given an opportunity to broaden and deepen their short memoranda, without necessarily remaining within the structure of four theme clusters. Even if the papers were expanded, they were to remain policy papers, rather than academic articles. As outcome, this joint policy paper consists of six papers by participants of the HLPS event. They reflect the aim of the HLPS to contribute to a dialogue on counter-terrorism issues in the United States and in Europe, the broad scope of the themes covered in the HLPS itself and, perhaps most importantly, an effort to address practical issues and dilemmas.• Introduction, Martin Scheinin.
• The United Nations and Terrorism – the 1267 Sanctions Regime Directed Against Al-Qaida, the Taliban and their Associates, Richard Barrett.
• EU Counter-Terrorism & the Rule of Law in a Post-‘War on Terror’ World, Cian C. Murphy.
• Some Challenges in European and (North) American Counter-Terrorism, Kent Roach.
• Defining the Target: Al Qaeda as a “Narrative” for a Rebel Youth Without a Cause, Olivier Roy.
• Best Practice in Counter-Terrorism, Martin Scheinin.
• Bringing Security Services under the Rule of Law in the Global Anti-Terror Campaign, Kim Lane Scheppele
Corona Constitutional #7: Der Virus und Trump
No full textKaum ein Land ist zurzeit so hart getroffen von der Corona-Pandemie wie die USA. Ist es Unfähigkeit , dass Trump und die US-Republikaner ihre Möglichkeiten zum Krisenmanagement weitgehend ungenutzt lassen? Oder ist es Strategie? Die Rechtssoziologin und Verfassungsrechtlerin KIM LANE SCHEPPELE kennt sich mit dem autoritären Populismus aus wie kaum sonst jemand, und ihre – ziemlich düstere – Antwort auf diese Frage verrät sie Max Steinbeis in der heutigen Folge unseres Krisenpodcasts
Constrained Legality A Theory of Authoritarian Law in china
No full textContemporary observers of the Chinese legal system are often puzzled by the system’s
striking contradictions. On the one hand, China’s legal order has expanded dramatically
since the end of the Cultural Revolution in 1979, and the state continues to pursue positive
legal reforms in line with its commitment to “governing in accordance with the law.” At
the same time, state crackdowns on civil society in conflict with liberal conceptions of the
‘rule of law’ still dominate Western media headlines. Adopting Joel Migdal’s state-insociety
method, this thesis draws on evidence from personal interviews, government
documents, speeches, news articles, descriptive statistics, and secondary literature to
equip China observers with a better understanding of the Chinese legal system, its
functioning, and potential opportunities for change. After examining the growth of the
Chinese legal order and the ways in which society interfaces with the state through law,
I develop a theory of authoritarian law I call constrained legality. Under constrained
legality, the Chinese state partitions its legal space to promote legal reform in statesanctioned
areas but not others. Rather than using law to constrain government rule, this
system instead constrains citizen actions against the government by cracking down on
those the state perceives as system-threatening. Moreover, it constrains the development
of a morally acceptable form of the ‘rule of law.’ Constrained legality thus explains how
law can contribute to the resilience of authoritarian regimes. By complicating our general
understanding of the ‘rule of law,’ constrained legality also raises important questions
about how the U.S. and others conduct “rule of law” assistance abroad
Declarations of dependence and independence: The republican ethical tradition in United States poverty policy.
No full textNo one is satisfied with poverty policy in the United States. For over a quarter of a century the political discussion of poverty issues has been dominated by blanket denunciations of the welfare system. However, this results periodically in little more than incremental steps in the same direction: a little more money for job-training programs, and a little more encompassing requirements for welfare recipients to participate in these programs. This study theorizes that such regular patterns in policy debates and policy outcomes are due to the public language which is available for defining problems and promoting policy ideas. In democratic political systems, familiar sets of political symbols (primarily words and combinations of words which provoke strong emotional reactions) are used by politicians to avoid public opposition to policies and build coalitions in support of policies among political elites. The continued use of a set of symbols over time constitutes an ethical tradition, which can come to dominate discourse in a policy area and push policy decisions in particular directions. The public language in several areas of poverty policy was examined from records of Congressional debates, Presidential statements, Congressional committee hearings and other material. A dominating ethical tradition was identified and traced to its roots in the republican tradition of the nineteenth century. The thesis is that a tradition of agrarian republicanism has provided much of the language used to discuss poverty issues in the twentieth century, and that this has had an important effect on policy outcomes. The central chapters lay out the story of how agrarian republicanism developed during the first century after the American Revolution, how the symbols of this tradition became implicated in twentieth century politics, and how contemporary poverty policy has been affected by this heritage. The introductory chapter explains the theory behind this historical interpretation, locating it amidst theories of ideology and the role of symbols in the policy process. The concluding chapter sums up the research findings, discusses the rational coherence of the ethical tradition, and makes some tentative policy suggestions.PhDAmerican historyPolitical sciencePublic policySocial SciencesUniversity of Michigan, Horace H. Rackham School of Graduate Studieshttp://deepblue.lib.umich.edu/bitstream/2027.42/129404/2/9501082.pd
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