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The Proper Scope of State Power: Construing the “Police Power”

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter examines the propriety of state laws under what is known as the “police powers” of the states. Unlike the enumerated powers of Congress, the powers of states are unwritten. This makes ... More


Powers of Arrest

Brice Dickson

in The European Convention on Human Rights and the Conflict in Northern Ireland

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199571383
eISBN:
9780191721854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199571383.003.0005
Subject:
Law, Human Rights and Immigration

This chapter examines the powers of arrest in Northern Ireland, showing how the European Court exercised a fairly ‘light touch’ control over army and police arrest powers under the emergency ... More


Potentia

Martin Loughlin

in Foundations of Public Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199256853
eISBN:
9780191594267
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199256853.003.0015
Subject:
Law, Public International Law

Although the origins of potentia can be traced to the exercise of the king's prerogatives, its significance in the modern era has been altered out of all recognition. This came about because of a ... More


Prologue

Stefan Petrow

in Policing Morals: The Metropolitan Police and the Home Office 1870–1914

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198201656
eISBN:
9780191674976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198201656.003.0001
Subject:
History, British and Irish Modern History

For Victorians, morality was significant as it was deemed as a necessary part of life in order to hold and keep social stability. Morality in the 19th century was also seen as a protector of family ... More


Introduction

Katherine Beckett and Steve Herbert

in Banished: The New Social Control In Urban America

Published in print:
2009
Published Online:
May 2012
ISBN:
9780195395174
eISBN:
9780199943319
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195395174.003.0001
Subject:
Sociology, Law, Crime and Deviance

This chapter introduces the concept of banishment. It discusses the return of banishment through the stories of three individuals in Seattle, who supposedly violated the trespass law and drug traffic ... More


The Emergence of the Gestapo

Robert Gellately

in The Gestapo and German Society: Enforcing Racial Policy 1933-1945

Published in print:
1990
Published Online:
October 2011
ISBN:
9780198228691
eISBN:
9780191678806
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198228691.003.0002
Subject:
History, European Modern History

The Gestapo or the Secret State Police emerged from a set of complex set of interacting social forces, personalities, and traditions. In early 1933, from one state to another, the tightening of the ... More


Gender, Protection, and the Courts, 1895–1907

Nancy Woloch

in A Class by Herself: Protective Laws for Women Workers, 1890s-1990s

Published in print:
2015
Published Online:
October 2017
ISBN:
9780691002590
eISBN:
9781400866366
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691002590.003.0003
Subject:
History, American History: 20th Century

This chapter discusses how the courts shaped protective policy from the 1890s to 1907. During this period, state and federal courts began a legal conversation about state protective laws. In court, ... More


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

Peter Ramsay

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.001.0001
Subject:
Law, Criminal Law and Criminology

This book presents a theory of the recent emergence of a right to security and of its protection by the criminal law in the UK. It states that the protection of such a right makes sense of the ... More


The Right to Security in Criminal Law Theory

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/9780199581061.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter assesses the penal protection of the right to security in the terms of thee recently published broadly liberal theories of criminal law: Douglas Husak's theory of the limits of ... More


Why Care What the Constitution Says?

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines whether the U.S. Constitution—either as written or as actually applied—is legitimate. It argues that the most commonly held view of constitutional legitimacy—the “consent of the ... More


Umbrella Clauses as Public Law Concepts in Comparative Perspective

Stephan W. Schill

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0010
Subject:
Law, Constitutional and Administrative Law, Public International Law

This chapter deals with the function, scope, and effect of umbrella clauses in international investment treaties. It proposes to understand the clauses as breaking with customary international law ... More


Conclusion

Stefan Petrow

in Policing Morals: The Metropolitan Police and the Home Office 1870–1914

Published in print:
1994
Published Online:
October 2011
ISBN:
9780198201656
eISBN:
9780191674976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198201656.003.0012
Subject:
History, British and Irish Modern History

In the mid-18th century, John Stuart Mill warned of the possible adverse effects of unrestrained police powers on liberty. However, his warning was left unheard. By 1914, the powers of the ... More


‘I have decided to reclassify cannabis, subject to Parliamentary approval’: Legislators, Law‐Enforcers, Campaigns, and Classification, 1997–2008

James H. Mills

in Cannabis Nation: Control and Consumption in Britain, 1928-2008

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199283422
eISBN:
9780191746161
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199283422.003.0008
Subject:
History, British and Irish Modern History, Cultural History

This chapter considers the decade or so before 2008 in order to explain some of the features of a period that was one of remarkable activity. By the late 1990s there were more consumers than ever ... More


Introduction Policing the Rechtsstaat

Markus D. Dubber and Mariana Valverde

in Police and the Liberal State

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804759328
eISBN:
9780804779777
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804759328.003.0001
Subject:
Law, Criminal Law and Criminology

This introductory chapter begins with a review of the U.S. Supreme Court decision in Kelo v. City of New London—a lowly case about how a small town in Connecticut might improve its waterfront, which ... More


Work and Authority in Policing

David Alan Sklansky

in Police and the Liberal State

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804759328
eISBN:
9780804779777
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804759328.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter explores a different, less obvious, connection between police power and the police. The main thesis is that the police mode of governance has frustrated efforts at American police reform ... More


The Possession Paradigm: The Special Part and the Police Power Model of the Criminal Process

Markus Dirk Dubber

in Defining Crimes: Essays on The Special Part of the Criminal Law

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199269228
eISBN:
9780191710100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199269228.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter focuses on New York criminal law, with occasional references to the Model Penal Code to broaden the scope of the inquiry. It explains that studies in the special part of criminal law are ... More


Sovereignty in Foreign Investment Law

J.E. Vinuales

in The Foundations of International Investment Law: Bringing Theory into Practice

Published in print:
2014
Published Online:
August 2014
ISBN:
9780199685387
eISBN:
9780191765612
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685387.003.0012
Subject:
Law, Company and Commercial Law, Public International Law

This chapter examines the notion of sovereignty in foreign investment law. It first sets out the idea that sovereignty is not a single legal concept but, rather, a mosaic of actionable legal concepts ... More


Historicizing Contrasts in Tolerance

Nicola Lacey

in The Politics of Crime Control: Essays in Honour of David Downes

Published in print:
2009
Published Online:
March 2012
ISBN:
9780199565955
eISBN:
9780191701948
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199565955.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter explores two recent contributions to the flourishing debate about the history of criminal justice in modern societies so as to develop some ideas about how it can add to the structured, ... More


Constitutional Principles: Civil Rights

ALAN BRUDNER

in Constitutional Goods

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the civil rights generated by the constitution of liberty. It identifies the libertarian reason for shielding the fundamental civil freedoms against legal regulation; and it ... More


Police and the Liberal State

Markus D. Dubber and Mariana Valverde (eds)

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804759328
eISBN:
9780804779777
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804759328.001.0001
Subject:
Law, Criminal Law and Criminology

This book advances a broad interdisciplinary and international project to refocus attention on the scope and function of modern governance through the lens of police power in its multiple ... More


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