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Preventive Detention

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.003.0001
Subject:
Law, Human Rights and Immigration

This chapter discusses preventive detention in India and argues that it has not been able to fulfil its underlying rationale of ensuring security and stability while also giving rise to a repeated ... More


Incapacitation of the Dangerous

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines incapacitation as a distributive principle. It discusses how and why the current system's preventive detention measures are cloaked as criminal justice, and shows the justice ... More


Procedural Safeguards in Preventive Detention Cases

B. Uma Devi

in Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.003.0032
Subject:
Law, Human Rights and Immigration

This chapter discusses the constitutional provisions of Article 22 of the Indian Constitution; judicial prescriptions of procedural safeguards; judicial philosophy in preventive detention cases; the ... More


Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Bellary Uma Devi

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.001.0001
Subject:
Law, Human Rights and Immigration

The right to life and personal liberty is the most cherished one of all the human rights. The enjoyment of all other rights depends upon this basic right. This book is a significant contribution to ... More


Constitutionality of Preventive Detention

B. Uma Devi

in Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.003.0030
Subject:
Law, Human Rights and Immigration

This chapter argues that preventive detention, that is, arrest and detention on suspicion and continued detention without trial is indeed the most draconian power a State could have in relation to ... More


Executive Detention of Foreign Terrorist Suspects

Moeckli Daniel

in Human Rights and Non-discrimination in the 'War on Terror'

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199239801
eISBN:
9780191716829
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239801.003.0004
Subject:
Law, Human Rights and Immigration, Public International Law

Some of the post-September 11 laws include preventive detention powers that are only applicable to foreign terrorist suspects. This chapter examines the objective of these detention powers and ... More


Preventive Detention of the Dangerous

Andrew Ashworth and Lucia Zedner

in Preventive Justice

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712527
eISBN:
9780191780820
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712527.003.0007
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

Preventive detention on grounds of dangerousness constitutes one of the most coercive powers that the liberal state can exert over the individual so its exercise calls for close attention to its ... More


Free Speech, Liberty, and Public Order

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter discusses freedom of speech and expression as treated in the First and Sixteenth Amendments. Soon after the Constitution's inauguration, India added its name to the long list of ... More


Constitutionality of Detention as a Preventive Measure under Chapter viii of the CrPC,1973: A Critique

B. Uma Devi

in Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198075998
eISBN:
9780199080953
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198075998.003.0034
Subject:
Law, Human Rights and Immigration

In cases under preventive detention laws, the Supreme Court has time and again observed that preventive detention is a drastic provision which could be resorted to only as an extreme step in the ... More


The Legal Framework of Preventive Detention and Anti-Terror Laws

Shylashri Shankar

in Scaling Justice: India's Supreme Court, Social Rights, and Civil Liberties

Published in print:
2009
Published Online:
October 2012
ISBN:
9780195693201
eISBN:
9780199081998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195693201.003.0003
Subject:
Law, Human Rights and Immigration

This chapter evaluates the legal framework of preventive detention and anti-terror cases. It describes the evolution and judicial interpretations of PDA 1950, TADA 1985, and POTA 2002. It is noted ... More


The Modern General Part: Three Illusions

PAUL H. ROBINSON

in Criminal Law Theory: Doctrines of the General Part

Published in print:
2002
Published Online:
January 2010
ISBN:
9780199243495
eISBN:
9780191714177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199243495.003.0004
Subject:
Law, Criminal Law and Criminology

Criminal law theorists like to think that they are moving existing criminal law theory to a higher plateau of rationality. In truth, however, their advances in rationality often are less than they ... More


Preventive Justice

Andrew Ashworth and Lucia Zedner

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712527
eISBN:
9780191780820
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712527.001.0001
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

States today are increasingly using criminal law or criminal law‐like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early ... More


Defending Preventive Detention

Christopher Slobogin

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative overview of preventive detention, with particular emphasis on the jurisprudence of dangerousness. It examines the standard objections to preventive detention, ... More


Gopalan, Preventive Detention, and Habeas Corpus

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0013
Subject:
Law, Constitutional and Administrative Law

One of the earliest cases of great importance heard by India's Supreme Court after the Constitution came into force was the case of A. K. Gopalan, a case raising a question affecting personal ... More


Emergencies

DAVID CLARK and GERARD McCOY

in The Most Fundamental Legal Right: Habeas Corpus in the Commonwealth

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198265849
eISBN:
9780191715280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198265849.003.0004
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter examines the situations in which emergency laws are invoked and the reduced scope for habeas corpus during those situations. It considers emergencies that are not necessarily called ... More


Preventive Detention of Individuals Engaged in Transnational Hostilities: Do We Need a Fourth Protocol Additional to the 1949 Geneva Conventions?

Gregory Rose

in New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231152358
eISBN:
9780231526562
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231152358.003.0003
Subject:
Political Science, Political Economy

This chapter examines the generative role of national laws in developing the basis for new international law that would address transnational armed conflicts with nonstate entities. It provides a ... More


Controlling Risk

Victor Tadros

in Prevention and the Limits of the Criminal Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199656769
eISBN:
9780191748073
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199656769.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter focuses on preventive criminal detention, which involves depriving a person of his or her liberty where this person is deemed to pose a risk of committing, causing, or contributing to a ... More


Challenges to Civil Rights Guarantees in India

SAHRDC

A.G Noorani (ed.)

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.001.0001
Subject:
Law, Human Rights and Immigration

Civil liberty is a complex issue with unchanging fundamentals. Cases that were decided hundreds of years ago yield principles that are still applicable and relevant today. India used to have a rich ... More


The Historical Origins of the Preventive State

Andrew Ashworth and Lucia Zedner

in Preventive Justice

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198712527
eISBN:
9780191780820
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198712527.003.0002
Subject:
Law, Criminal Law and Criminology, Human Rights and Immigration

This chapter explores the history of preventive endeavour from the late eighteenth century through the establishment of the ‘preventive police’ in the early nineteenth century. It examines the idea ... More


Dialogue

Eirik Bjorge

in Domestic Application of the ECHR: Courts as Faithful Trustees

Published in print:
2015
Published Online:
November 2015
ISBN:
9780198743637
eISBN:
9780191803246
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198743637.003.0008
Subject:
Law, Public International Law, Human Rights and Immigration

The chapter turns to cases in which the national courts have entered into what could be called a dialogue with the European Court of Human Rights. It focuses the analysis on cases where the domestic ... More


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