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Vol 21 No 1 Jan/Feb 2016

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A Lincoln's Inn Commonplace Book

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Counterterrorism: Democracy’s Challenge

Edited by: Andrea Bianchi, Alexis Keller

ISBN13: 9781841138183
Published: July 2008
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00



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Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to inquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached.

By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.

Series: Hart Studies in International Law

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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
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Diplomatic Interference and the Law ISBN 9781849464369
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Non-State Actors in International Law ISBN 9781849465113
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
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Human Dignity and the Foundations of International Law ISBN 9781849460897
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Africa: Mapping New Boundaries in International Law
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The Democratic Legitimacy of International Law ISBN 9781841138176
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Human Dignity and the Foundations of International Law ISBN 9781841133577
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Counterterrorism: Democracy’s Challenge (eBook) ISBN 9781847314376
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Africa: Mapping New Boundaries in International Law
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Forced Migration, Human Rights and Security
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ISBN 9781841137704
Published March 2008
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£45.00
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ISBN 9781847314147
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Human Security and International Law: Prospects and Problems ISBN 9781841136103
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Biotechnologies and International Human Rights ISBN 9781841137032
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Biotechnology and International Law ISBN 9781841136318
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Enforcing International Law Norms Against Terrorism
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Enforcing International Law Norms Against Terrorism (eBook)
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Enforcing International Law Norms Against Terrorism
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The Permanent International Criminal Court ISBN 9781841132815
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