Preventive Detention and Individual Liberty
Author | : |
Publisher | : |
Total Pages | : 60 |
Release | : 2000 |
ISBN-10 | : UOM:39015056463162 |
ISBN-13 | : |
Rating | : 4/5 (62 Downloads) |
With reference to India.
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Author | : |
Publisher | : |
Total Pages | : 60 |
Release | : 2000 |
ISBN-10 | : UOM:39015056463162 |
ISBN-13 | : |
Rating | : 4/5 (62 Downloads) |
With reference to India.
Author | : Andrew Harding |
Publisher | : BRILL |
Total Pages | : 350 |
Release | : 2021-09-27 |
ISBN-10 | : 9789004479456 |
ISBN-13 | : 9004479457 |
Rating | : 4/5 (56 Downloads) |
Preventive detention law is a subject which continues to receive great international attention. In recent years the legal rights of detainees have been more and more frequently litigated, and significant new approaches have been developed.
Author | : Stanislaw J. Frankowski |
Publisher | : BRILL |
Total Pages | : 318 |
Release | : 2022-05-09 |
ISBN-10 | : 9789004478916 |
ISBN-13 | : 9004478914 |
Rating | : 4/5 (16 Downloads) |
Arbitrary arrest and detention have been the most consistent violations of fundamental individual human rights throughout history. The world's major criminal justice systems reveal the historical struggle between monarchs and dictators on the one hand, and advocates of the supremacy of the rule of law on the other. This struggle has been over the power to arbitrarily arrest and detain persons whether they be accused of common or polical crimes. Preventive Detention: A Comparative and International Law Perspective seeks to reconcile theory and practice by selecting studies representing different legal systems, thus advancing the multi-disciplinary understanding of the application of international and regional human rights norms in criminal justice systems.
Author | : Hallie Ludsin |
Publisher | : Cambridge University Press |
Total Pages | : 446 |
Release | : 2016-01-08 |
ISBN-10 | : 9781316597989 |
ISBN-13 | : 1316597989 |
Rating | : 4/5 (89 Downloads) |
Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.
Author | : M. Ehteshamul Bari |
Publisher | : Springer Nature |
Total Pages | : 139 |
Release | : 2020-07-07 |
ISBN-10 | : 9789811558115 |
ISBN-13 | : 9811558116 |
Rating | : 4/5 (15 Downloads) |
This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
Author | : Priti Saxena |
Publisher | : Deep and Deep Publications |
Total Pages | : 274 |
Release | : 2007 |
ISBN-10 | : 8176299928 |
ISBN-13 | : 9788176299923 |
Rating | : 4/5 (28 Downloads) |
Author | : Sarah Joseph |
Publisher | : OUP Oxford |
Total Pages | : 1042 |
Release | : 2013-07-25 |
ISBN-10 | : 9780191650239 |
ISBN-13 | : 0191650234 |
Rating | : 4/5 (39 Downloads) |
Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Author | : Stephanie Cooper Blum |
Publisher | : Cambria Press |
Total Pages | : 292 |
Release | : 2008 |
ISBN-10 | : 9781604975666 |
ISBN-13 | : 1604975660 |
Rating | : 4/5 (66 Downloads) |
"This book explores the underlying rationales for preventive detention as a tool in this war on terror; analyzes the legal obstacles to creating a preventive detention regime; discusses how Israel and Britain have dealt with incapacitation and interrogation of terrorists; and compares several alternative ideas to the administration's enemy combatant policy under a methodology that looks at questions of lawfulness, the balance between liberty and security, and institutional efficiency. In the end, this book recommends using the Foreign Intelligence Surveillance Court to monitor a narrow regime of preventive detention only to be used under certain prescribed circumstances where interrogation and/or incapacitation are the justifications. This book is an essential reference for collections in American studies, political science, and national security studies."--BOOK JACKET.
Author | : Silvy Sheetal |
Publisher | : Notion Press |
Total Pages | : 225 |
Release | : 2020-08-24 |
ISBN-10 | : 9781636060712 |
ISBN-13 | : 1636060714 |
Rating | : 4/5 (12 Downloads) |
The intention behind the book being “Elaborative Description and Easy understanding” of the topic- Preventive Detention. The act which loomed up menacingly from the year of its commencement. Attracting every possible fatalistic comment. Preventive Detention laws are thriving between the need for restraining an individual to such suspicious restrainment hampering the Liberty of the individual in India. The topic is deciphered in a manner approachable to people of every parlance, seeking to learn a word about Preventive Detention Laws, prevailing in India. The book is easy with words, chapter divisions covering the important topics, incidental anecdotes, coverage of important topics, and the easy description, making this book a must-read.
Author | : Jan W de Keijser |
Publisher | : Bloomsbury Publishing |
Total Pages | : 465 |
Release | : 2019-05-16 |
ISBN-10 | : 9781509921423 |
ISBN-13 | : 1509921427 |
Rating | : 4/5 (23 Downloads) |
Predictive Sentencing addresses the role of risk assessment in contemporary sentencing practices. Predictive sentencing has become so deeply ingrained in Western criminal justice decision-making that despite early ethical discussions about selective incapacitation, it currently attracts little critique. Nor has it been subjected to a thorough normative and empirical scrutiny. This is problematic since much current policy and practice concerning risk predictions is inconsistent with mainstream theories of punishment. Moreover, predictive sentencing exacerbates discrimination and disparity in sentencing. Although structured risk assessments may have replaced 'gut feelings', and have now been systematically implemented in Western justice systems, the fundamental issues and questions that surround the use of risk assessment instruments at sentencing remain unresolved. This volume critically evaluates these issues and will be of great interest to scholars of criminal justice and criminology.