Preventive Detention and Security Law
Author | : Andrew Harding |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 356 |
Release | : 1993-10-19 |
ISBN-10 | : 0792324323 |
ISBN-13 | : 9780792324324 |
Rating | : 4/5 (23 Downloads) |
1974.
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Author | : Andrew Harding |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 356 |
Release | : 1993-10-19 |
ISBN-10 | : 0792324323 |
ISBN-13 | : 9780792324324 |
Rating | : 4/5 (23 Downloads) |
1974.
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 | : 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 | : 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 | : 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 | : Diane Webber |
Publisher | : Routledge |
Total Pages | : 302 |
Release | : 2016-01-08 |
ISBN-10 | : 9781317385486 |
ISBN-13 | : 1317385489 |
Rating | : 4/5 (86 Downloads) |
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.
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 | : Patrick Keyzer |
Publisher | : |
Total Pages | : 0 |
Release | : 2013 |
ISBN-10 | : 1780681178 |
ISBN-13 | : 9781780681177 |
Rating | : 4/5 (78 Downloads) |
In any society some people pose a risk to others. For hundreds of years preventive detention has been authorised by governments to ensure people are available for criminal proceedings (e.g. remand), in the mental health area, for quarantine, for inebriates, enemy aliens and sexual predators. This book asks and answers some of the fundamental questions about these regimes.
Author | : Andrew Ashworth |
Publisher | : OUP Oxford |
Total Pages | : 1171 |
Release | : 2013-01-31 |
ISBN-10 | : 9780191630750 |
ISBN-13 | : 0191630756 |
Rating | : 4/5 (50 Downloads) |
Exploring the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual, this volume arises from a three-year study of Preventive Justice. The contributions examine whether and when preventive measures are justified, whether within or outwith the criminal law, and whether they signal a larger change in the architecture of security. Preventive measures include controversial crime control approaches such as pre-inchoate offences, pre-trial detention, restraining orders, and prevention detention of the dangerous. There are good reasons to justify state use of coercion to protect the public from harm, but while the rationales and justifications for state punishment have been extensively explored, the scope, limits, and principles of preventive justice have not received the same attention. This volume, written by world renowned scholars from different disciplinary backgrounds and jurisdictions, redresses the balance, assessing the foundations for the range of coercive measures that states now take in the name of prevention and public protection.
Author | : Priti Saxena |
Publisher | : Deep and Deep Publications |
Total Pages | : 274 |
Release | : 2007 |
ISBN-10 | : 8176299928 |
ISBN-13 | : 9788176299923 |
Rating | : 4/5 (28 Downloads) |