(DOWNLOAD) "Accommodating Emergencies." by Stanford Law School # eBook PDF Kindle ePub Free
eBook details
- Title: Accommodating Emergencies.
- Author : Stanford Law School
- Release Date : January 01, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 335 KB
Description
I. TWO VIEWS Events since September 11, 2001 have produced a new round of debate about law and the emergency powers of government. Citing the need for swift and resolute action in a national emergency, the government has both sought new legal authority to combat terrorism and has suggested, in various spheres, that some emergency powers are inherent in executive authority. On these bases the Bush administration has secured the enactment of the Patriot Act, expanding law enforcement's powers to fight terrorism; ordered the detention of both foreign nationals and American citizens as unlawful enemy combatants; proposed a system of military tribunals for such cases; and increased security at a range of public facilities. Yet the legality of all these policies is contested; even the proper analytic framework itself is hotly disputed. Does constitutional law--either in the sense of constitutional rules or of constitutional outcomes-change in "emergencies," or is the law constant over time? Is there even an emergency in the first place? Which institution or institutional process is authorized to determine whether there is? In what follows we aim to cut through these tangled debates to focus on the underlying concern about emergency powers.
 "Accommodating Emergencies." by Stanford Law School # eBook PDF Kindle ePub Free){kind=link}