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The Insecurity State

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.003.0011
Subject:
Law, Criminal Law and Criminology

This chapter argues that the substantive law that protects the right to security has the character of emergency power that takes a normalized form. It critiques the theory of the normalization of the ... More


Habeas Corpus, Fundamental Rights, and the Executive

Judith Farbey, R. J. Sharpe, and Simon Atrill

in The Law of Habeas Corpus

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199248247
eISBN:
9780191725241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248247.003.0004
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the use of habeas corpus where the liberty of the subject is restrained on account of an order made by the executive branch of government. The central issue is the extent to ... More


Filling the Void: Democratic Deliberation and the Legitimization of Extra-Legal Action

Clement Fatovic

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0008
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter argues that deliberation can and should be used to assess the expediency and the legitimacy of all emergency measures, legal or extra-legal. Deliberation provides the only way to ... More


Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Clement Fatovic and Benjamin A. Kleinerman (eds)

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.001.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

When an economic collapse, natural disaster, epidemic outbreak, terrorist attack, or internal crisis puts a country in dire need, governments must rise to the occasion to protect their citizens, ... More


Issues Relating to Security

Joseph Jaconelli

in Open Justice: A Critique of the Public Trial

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198252580
eISBN:
9780191681387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252580.003.0004
Subject:
Law, Criminal Law and Criminology

The idea of ‘security’, especially as used in the phrase ‘national security’, encompasses the protection of the most fundamental institutions of the state from the threat of being undermined by its ... More


Introduction: Extra-Legal Measures and the Problem of Legitimacy

Clement Fatovic and Benjamin A. Kleinerman

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This introductory chapter begins by considering the debates over the legality and scope of the government's use of emergency powers. It discusses the work of German constitutional and political ... More


Lockean Prerogative: Productive Tensions

Leonard C. Feldman

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0004
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines Locke's theory of prerogative. Lockean prerogative is the basis of a large amount of contemporary post-9/11 scholarship on emergency powers, both work presenting Locke as a ... More


The Limits of Constitutional Government: Alexander Hamilton on Extraordinary Power and Executive Discretion

George Thomas

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0005
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter examines Alexander Hamilton's conception of executive power. It argues that although Hamilton favored an executive with broad discretion in both ordinary and extraordinary circumstances, ... More


The Irrelevance of Prerogative Power, and the Evils of Secret Legal Interpretation

Jack Goldsmith

in Extra-Legal Power and Legitimacy: Perspectives on Prerogative

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199965533
eISBN:
9780199351343
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199965533.003.0010
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter presents three main arguments. First, it argues that the Jefferson–Lincoln conception of prerogative power—most notably, executive action in open defiance of law or legal authority—is no ... More


Indigenous women and settler colonial crime control

Chris Cunneen and Juan Tauri

in Indigenous Criminology

Published in print:
2016
Published Online:
January 2017
ISBN:
9781447321750
eISBN:
9781447321774
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447321750.003.0005
Subject:
Law, Criminal Law and Criminology

The focus of this chapter is Indigenous women’s experiences of settler colonial crime control, and the response of settler colonial criminal justice systems to the needs of Indigenous women. The ... More


Introduction

Ian O'Donnell

in Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198798477
eISBN:
9780191839467
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198798477.003.0001
Subject:
Law, Criminal Law and Criminology

Before the First World War capital punishment was practically obsolete in Ireland. It was used by the British during the Easter Rising of 1916 and the War of Independence, and with greater enthusiasm ... More


What Do Police Community Support Officers Do?

Megan O'Neill

in Police Community Support Officers: Cultures and Identities within Pluralised Policing

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198803676
eISBN:
9780191842078
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198803676.003.0003
Subject:
Law, Criminal Law and Criminology

Chapter 3 presents a detailed account of what Police Community Support Officers (PCSOs) do in their daily work, and the skills seen as essential in these tasks. It begins with a discussion of a ... More


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