Constitutional Protection of Individual Rights Under Terrorism Laws PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Constitutional Protection of Individual Rights Under Terrorism Laws PDF full book. Access full book title Constitutional Protection of Individual Rights Under Terrorism Laws by Islam I. Chiha. Download full books in PDF and EPUB format.
Author: Islam I. Chiha Publisher: LAP Lambert Academic Publishing ISBN: 9783659329142 Category : Languages : en Pages : 512
Book Description
Terrorism is a one of the major challenges facing countries all over the world; However many states in their response to terrorism have overreacted the threat of terrorism and have adopted counterterrorism legislations that forfeited fundamental rights and freedoms in the name of protecting national security. Egypt, under President Mubarak's Regime, has been one of those states that have exceedingly abused its counter-terrorism powers to vanquish many of the Egyptians' constitutional rights and freedoms. This dissertation explores and analyzes the scope of fundamental rights and freedoms under Egypt's counter-terrorism legal framework. It further undertakes a comparative study of the American and international anti-terrorism legal frameworks to examine how they have dealt with these issues and inquires into whether these legal systems have adequately reconciled national security with human rights. This work is intended to help enhance the rule of law and to ensure that human rights are respected in post-Mubarak Egypt by underscoring the limits with regard to human rights that the new counter-terrorism legal framework must respect.
Author: Islam I. Chiha Publisher: LAP Lambert Academic Publishing ISBN: 9783659329142 Category : Languages : en Pages : 512
Book Description
Terrorism is a one of the major challenges facing countries all over the world; However many states in their response to terrorism have overreacted the threat of terrorism and have adopted counterterrorism legislations that forfeited fundamental rights and freedoms in the name of protecting national security. Egypt, under President Mubarak's Regime, has been one of those states that have exceedingly abused its counter-terrorism powers to vanquish many of the Egyptians' constitutional rights and freedoms. This dissertation explores and analyzes the scope of fundamental rights and freedoms under Egypt's counter-terrorism legal framework. It further undertakes a comparative study of the American and international anti-terrorism legal frameworks to examine how they have dealt with these issues and inquires into whether these legal systems have adequately reconciled national security with human rights. This work is intended to help enhance the rule of law and to ensure that human rights are respected in post-Mubarak Egypt by underscoring the limits with regard to human rights that the new counter-terrorism legal framework must respect.
Author: Federico Fabbrini Publisher: Edward Elgar Publishing ISBN: 1784715395 Category : Law Languages : en Pages : 369
Book Description
This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.
Author: Stefan Sottiaux Publisher: Bloomsbury Publishing ISBN: 1847314112 Category : Law Languages : en Pages : 472
Book Description
Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise. An attempt is made to answer the question how a legal order's approach to the limitation of rights may shape decision-making trade-offs between the demands of liberty and the need to guarantee individual and collective security. In doing so, special attention is given to the difference between the adjudicative methods of balancing and categorisation. The book challenges the conventional wisdom that individual rights, in times of crisis, are better served by the application of categorical rather than flexible models of limitation. In addition, the work considers the impact of a variety of other factors, including the discrepancies in enforcing an international convention as opposed to a national constitution and the use of emergency provisions permitting derogations from human rights obligations in time of war or a public emergency. The research questions are addressed through a comparative study of the terrorism-related restrictions on five fundamental rights protected under the European Convention on Human Rights and the United States Constitution: the right to freedom of expression, the right to freedom of association, the right to personal liberty, the right to privacy, and the right to a fair trial. The book offers both a theoretical account of the paradoxical relationship between terrorism and human rights and a comprehensive comparative survey of the major decisions of the highest courts on both sides of the Atlantic.
Author: David Cole Publisher: The New Press ISBN: 1565849396 Category : Political Science Languages : en Pages : 322
Book Description
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the Patriot Act, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Author: David Cole Publisher: ReadHowYouWant.com ISBN: 1458788199 Category : Political Science Languages : en Pages : 450
Book Description
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld. A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post-9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
Author: H. L. Pohlman Publisher: Rowman & Littlefield ISBN: 9780742560413 Category : Law Languages : en Pages : 336
Book Description
The conjunction of Islamic fundamentalism, WMD, and terrorism has set the stage for a new form of 'warfare' and ushered in a period of national reflection and debate about the proper balance between national security and the rights of the individual. This book contributes to the ongoing national debate by providing easy access to relevant documents from major post-9/11 cases that highlight central constitutional issues raised by the war on terrorism.
Author: Téwodros Workneh Publisher: Rowman & Littlefield ISBN: 1793622175 Category : Political Science Languages : en Pages : 409
Book Description
As nations have aggressively implemented a wide range of mechanisms to proactively curb potential threats terrorism, Counter-Terrorism Laws and Freedom of Expression: Global Perspectives offers critical insight into how counter-terrorism laws have adversely affected journalism practice, digital citizenship, privacy, online activism, and other forms of expression. While governments assert the need for such laws to protect national security, critics argue counter-terrorism laws are prone to be misappropriated by state actors who use such laws to quash political dissent, target journalists, and restrict other forms of citizen expression. The book is divided into three parts. Part I deals with the politics and discourse of counter-terrorism laws. Part II focuses on the ways counter-terrorism laws have impacted journalistic practice in different countries, with effects ranging from imprisonment of reporters to self-censorship. Part III addresses how counter-terrorism laws have been used to target everyday citizens, social media activists, whistleblowers, and human rights advocates around the world. Together, the chapters address how counter-terrorism laws have undermined democratic values in both authoritarian and liberal political contexts. Scholars of political science, communication, and legal studies will find this book particularly interesting.
Author: Victor V. Ramraj Publisher: Cambridge University Press ISBN: 1139448293 Category : Law Languages : en Pages : 664
Book Description
All indications are that the prevention of terrorism will be one of the major tasks of governments and regional and international organisations for some time to come. In response to the globalised nature of terrorism, anti-terrorism law and policy have become matters of global concern. Anti-terrorism law crosses boundaries between states and between domestic, regional and international law. They also cross traditional disciplinary boundaries between administrative, constitutional, criminal, immigration and military law, and the law of war. This collection is designed to contribute to the growing field of comparative and international studies of anti-terrorism law and policy. A particular feature of this collection is the combination of chapters that focus on a particular country or region in the Americas, Europe, Africa, and Asia, and overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy, including international, constitutional, immigration, privacy, maritime, aviation and financial law.
Author: Giovanna De Minico Publisher: Routledge ISBN: 100017977X Category : Law Languages : en Pages : 402
Book Description
This book examines the risks to freedom of expression, particularly in relation to the internet, as a result of regulation introduced in response to terrorist threats. The work explores the challenges of maintaining security in the fight against traditional terrorism while protecting fundamental freedoms, particularly online freedom of expression. The topics discussed include the clash between freedom of speech and national security; the multijurisdictional nature of the internet and the implications for national sovereignty and transnational legal structures; how to determine legitimate and illegitimate association online; and the implications for privacy and data protection. The book presents a theoretical analysis combined with empirical research to demonstrate the difficulty of combatting internet use by terror organizations or individuals and the range of remedies that might be drawn from national and international law. The work will be essential reading for students, researchers and policy makers in the areas of Constitutional law; Criminal Law, European and International law, Information and Technology law and Security Studies.
Author: Islam I. Chiha
Author: Islam I. Chiha
Author: Federico Fabbrini
Author: Stefan Sottiaux
Author: David Cole
Author: David Cole
Author: H. L. Pohlman
Author: Téwodros Workneh
Author: Victor V. Ramraj
Author: Giovanna De Minico
Author: A. M. Hol