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Post 9/11 and the State of Permanent Legal Emergency

Security and Human Rights in Countering Terrorism

  • Book
  • © 2012

Overview

Editors:
  1. Aniceto Masferrer

    1. , Comparative Legal History, University of Valencia, Valencia, Spain

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  • A distinctive focus bringing historical, political, philosophical and comparative approaches together
  • Contributors among the best within their own jurisdictions
  • Contains theoretical principles and practical ideas and suggestions for legislators dealing with terrorists threats

Part of the book series: Ius Gentium: Comparative Perspectives on Law and Justice (IUSGENT, volume 14)

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Table of contents (14 chapters)

  1. Front Matter

    Pages i-x
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  2. Introduction: Security, Criminal Justice and Human Rights in Countering Terrorism in the Post 9/11 Era

    • Aniceto Masferrer
    Pages 1-11

  3. State Power and Legal Responses from an Historical Perspective

    1. Front Matter

      Pages 13-13
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  4. STATE POWER AND LEGAL RESPONSES FROM AN HISTORICAL PERSPECTIVE

    1. The State Power and the Limits of the Principle of Sovereignty: An Historical Approach

      • Aniceto Masferrer, Juan A. Obarrio
      Pages 15-51

    2. Legal Concepts of Terrorism as Political Crime and International Criminal Law in Eighteenth and Nineteenth Century Europe

      • Karl Härter
      Pages 53-75

  5. Defining Terrorism

    1. Front Matter

      Pages 77-77
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  7. Keeping Counter-Terrorism Within the Criminal Law Justice?

    1. Front Matter

      Pages 119-119
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  8. KEEPING COUNTER-TERRORISM WITHIN THE CRIMINAL LAW JUSTICE?

    1. The Impact of Contemporary Security Agendas Against Terrorism on the Substantive Criminal Law

      • Clive Walker
      Pages 121-152

    2. The War on Terror and Crusading Judges: Re-establishing the Primacy of the Criminal Justice System

      • Francesca Galli
      Pages 153-177

    3. Secret Evidence and Its Alternatives

      • Kent Roach
      Pages 179-200

    4. Evolution of British Law on Terrorism: From Ulster to Global Terrorism (1970–2010)

      • Leandro Martínez-Peñas, Manuela Fernández-Rodríguez
      Pages 201-222

    5. Australian Responses to 9/11: New World Legal Hybrids?

      • Simon Bronitt, Susan Donkin
      Pages 223-239

    6. Democratic States’ Response to Terrorism: A Comparative Reflection on the Perceived Role of the Judiciary in the Protection of Human Rights and Civil Liberties

      • Marinella Marmo
      Pages 241-257

    7. The U.S. Response to Cuban and Puerto Rican Right-Wing Terrorism in the Pre and Post 9/11 Era

      • José M. Atiles-Osoria
      Pages 259-284

  9. Counter-Terrorism from an International-Law Perspective

    1. Front Matter

      Pages 285-285
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  10. COUNTER-TERRORISM FROM AN INTERNATIONAL-LAW PERSPECTIVE

    1. Permanent Legal Emergencies and the Derogation Clause in International Human Rights Treaties: A Contradiction?

      • Christopher Michaelsen
      Pages 287-314

    2. National Self-Defence in the Age of Terrorism: Immediacy and State Attribution

      • Mark D. Kielsgard
      Pages 315-343

  11. Back Matter

    Pages 345-348
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Keywords

About this book

The terrorist attacks occurred in the United States on 11 September 2001 have profoundly altered and reshaped the priorities of criminal justice systems around the world. Atrocities like the 9/11 attacks, the Madrid train bombings of March 2003, and the terrorist act to the United Kingdom of July 2005 threatened the life of democratic nations. The volume explores the response of democratic nation-states to the problems of terrorism and counter-terrorism within the framework of the Rule of Law. One of the primary subjects of study is the ways in which the interests of the state (security from external threats, the maintenance of civil peace, and the promotion of the commonwealth) are balanced or not with the liberty and freedom of the citizens of the state. The distinctive aspect of this focus is that it brings a historical, political, philosophical and comparative approach to the contemporary shape and purposes of the criminal justice systems around the world.

Editors and Affiliations

  • , Comparative Legal History, University of Valencia, Valencia, Spain

    Aniceto Masferrer

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