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Emergencies and the Limits of Legality


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Table of Contents

1. No doctrine more pernicious? Emergencies and the limits of legality Victor V. Ramraj; Part I. Legality and Extralegality: 2. The compulsion of legality David Dyzenhaus; 3. Extralegality and the ethic of political responsibility Oren Gross; Part II. Conceptual and Normative Theories: 4. Emergency logic: prudence, morality, and the rule of law Terry Nardin; 5. Indefinite detention: rule by law or rule of law? R. Rueban Balasubramaniam; Part III. Political and Sociological Theories: 6. The political constitution of emergency powers: some conceptual issues Mark Tushnet; 7. A topography of emergency power Nomi Claire Lazar; 8. Law, terror and social movements: the repression-mobilisation nexus Colm Campbell; Part IV. Prospective Constraints on State Power: 9. Emergency strategies for prescriptive legal positivists: anti-terrorist law and legal theory Tom Campbell; 10. Ordinary laws for emergencies and democratic derogation from rights Kent Roach; 11. Presidentialism and emergency government William E. Scheuerman; Part V. Judicial Responses to Official Disobedience: 12. Necessity, torture and the rule of law A. P. Simester; 13. Deny everything: intelligence activities and the rule of law Simon Chesterman; Part VI. Post-Colonial and International Perspectives: 14. Exceptions, bare life and colonialism Johan Geertsema; 15. Struggle over legality in the midnight hour: governing the international state of emergency Kanishka Jayasuriya; 16. Inter arma silent leges? Black hole theories of the laws of war C. L. Lim.

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An examination of the ability of law and the courts to constrain state power exercised in the course of an emergency.

About the Author

Victor V. Ramraj is an Associate Professor in the Faculty of Law at the National University of Singapore, where he also serves as Vice-Dean for Academic Affairs.


'Combining a subtle appreciation of the complexities with brilliant insights into their resolution, together these essays form an important contribution and an intellectual feast.' Lucia Zedner, Professor of Criminal Justice, University of Oxford 'This is an unusually fine collection of essays on one of the most important questions in legal and constitutional theory - the propriety of violating legal norms in times of emergency. What makes it especially illuminating is the way that the various essays are very much in dialogue - and sometimes in tension - with one another, as well as the ability of the international cast of essayists to draw from a very broad range of examples.' Sanford Levinson, Professor of Government, University of Texas at Austin

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