Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- Introduction
- PART ONE Legality and extra-legality
- PART TWO Conceptual and normative theories
- PART THREE Political and sociological theories
- PART FOUR Prospective constraints on state power
- PART FIVE Judicial responses to official disobedience
- PART SIX Post-colonial and international perspectives
- 14 Exceptions, bare life and colonialism
- 15 The struggle over legality in the midnight hour: governing the international state of emergency
- 16 Inter arma silent leges? Black hole theories of the laws of war
- Index
- References
15 - The struggle over legality in the midnight hour: governing the international state of emergency
Published online by Cambridge University Press: 10 August 2009
Edited by
Book contents
- Frontmatter
- Contents
- List of contributors
- Preface
- Introduction
- PART ONE Legality and extra-legality
- PART TWO Conceptual and normative theories
- PART THREE Political and sociological theories
- PART FOUR Prospective constraints on state power
- PART FIVE Judicial responses to official disobedience
- PART SIX Post-colonial and international perspectives
- 14 Exceptions, bare life and colonialism
- 15 The struggle over legality in the midnight hour: governing the international state of emergency
- 16 Inter arma silent leges? Black hole theories of the laws of war
- Index
- References
Summary
Introduction
While it is premature to enter a final verdict on the impact of the events of 11 September 2001 on the political and constitutional order of liberal democracies, one point remains clear: the events of 9/11 have ushered in a vigorous and highly contested academic debate on issues relating to the state of emergencies and the rule of law. What is more, this is far from a mere academic debate. Practices such as torture that were once beyond the pale have now become matters of public concern and debate. Indeed, that these items are now on the public agenda is emblematic of the fact that the events of 9/11 have been influential in transforming our thinking about some fundamental constitutional principles and the institutional edifice of liberal democracies.
On this score there is some justification in Bruce Ackerman's provocative view that the attacks of 9/11 have fundamentally altered the frameworks of the laws of war and crime in Western liberal democracies. In fact, Ackerman goes on to provide an innovative proposal to construct a limited term ‘emergency regime’ which will return to a status quo ante at the end of the emergency. This chapter challenges the assumption implicit in Ackerman's work on emergency powers – an assumption shared by David Dyzenhaus and Oren Gross – that state responses to the events of 9/11 are situated primarily within a horizon of a national emergency.
- Type
- Chapter
- Information
- Emergencies and the Limits of Legality , pp. 360 - 384Publisher: Cambridge University PressPrint publication year: 2008
References
, ‘The Regulatory Criss-Cross: Interaction Between Jurisdictions and the Construction of Global Regulatory Networks’, in et al., International Regulatory Competition and Coordination: Perspective on Economic Regulation in Europe and the United States (Oxford: Clarendon Press, 1996)Google Scholar
, and , ‘International Law and International Relations Theory: New Generation of Interdisciplinary Scholarship’ (1998) 92 American Journal of International Law367CrossRefGoogle Scholar
, ‘Globalization, Law and the Transformation of Sovereignty: The Emergence of Global Regulatory Governance’ (1999) 6 Indiana Journal of Global Legal Studies425Google Scholar
, ‘Globalisation, Sovereignty and the Rule of Law: From Political to Economic Constitutionalism?’ (2001) 8 Constellations442CrossRefGoogle Scholar
, The Shield of Achilles: War, Peace and the Course of History (New York: Knopf, 2002)Google Scholar
, Reconstituting the Global Liberal Order: Legitimacy and Regulation (Oxford: Routledge, 2005)Google Scholar
, Power and Protest: Global Revolution in the Age of Détente (Cambridge: Harvard University Press, 2003)Google Scholar
, The Jurisprudence of Emergency: Colonialism and the Rule of Law (Ann Arbor: University of Michigan Press, 2003)CrossRefGoogle Scholar
, The Transatlantic Constitution: Colonial Legal Culture and the Empire (Cambridge, MA: Harvard University Press, 2004), p. 186Google Scholar
, ‘Anglo America and the Legal Frame (Will the Real British Empire Please Stand Up)’ (2006) 120 Harvard Law Review756Google Scholar
, ‘Emergency Powers and the Rule of Law after 9/11’ (2006) 14 Journal of Political Philosophy161CrossRefGoogle Scholar
, Political Theology: Four Chapters on the Concept of Sovereignty (Cambridge: MIT Press, 1985), p. 12Google Scholar
, Carl Schmitt's Critique of Liberalism: Against Politics as Technology (New York: Cambridge University Press, 1997), p. 151CrossRefGoogle Scholar
‘Security Council Resolution 1373, the Counter-Terrorism Committee, and the Fight against Terrorism’ (2003) 97 The American Journal of International Law333 at 333CrossRefGoogle Scholar
, ‘Airline Passenger Profiling and the Fourth Amendment: Will CAPPS II Be Cleared for Takeoff?’ (2004) 10 Boston University Journal of Science & Technology Law125.Google Scholar
and , ‘“Enemy Combatants” The Constitution and the Administration's “War on Terror”’ (2004) American Constitution Society for Law and Policy19Google Scholar
, ‘Territoriality and Beyond: Problematizing Modernity in International Relations’ (1993) 47 International Organisation139CrossRefGoogle Scholar
, ‘Consigning the Twentieth Century to History: Alternative Narratives for the Modern Era’ (2000) 105 American Historical Review807CrossRefGoogle Scholar
, ‘Law's Territory (A History of Jurisdiction)’ (1999) 97 Michigan Law Review843CrossRefGoogle Scholar
, No Escape: Freedom of Speech and the Paradox of Rights (New York: New York University Press, 2002)Google Scholar
, ‘The Retreat of Multiculturalism in the Liberal State: Theory and Policy’ (2004) 55 British Journal of Sociology237CrossRefGoogle ScholarPubMed
, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism (Princeton: Princeton University Press, 1996)Google Scholar
, ‘Constructing Good Aliens and Good Citizens: Legitimizing the War on Terror(ism)’ (2004) 75 University of Colorado Law Review59Google Scholar
, ‘The Impact of September 11th on Anti-Money Laundering Efforts and the European Union and Commonwealth Gatekeeper Initiatives’ (2002) 36 International Lawyer733–49Google Scholar
, ‘Can We Buy Peace on Earth? The Price of Freezing Terrorist Assets in a Post-September 11 World’ (2003) 28 North Carolina Journal of International Law and Commercial Regulation605Google Scholar
, ‘International Money Laundering Abatement and Anti-Terrorism Financing Act of 2001’ (2004) 30 Journal of College and University Law417Google Scholar
, ‘International Emergency Governance: Fragments of a Driverless System’ (2004) 7 Critical Sense41Google Scholar
, and (eds.), The Limits of Law (Palo Alto: Stanford University Press, 2005)
, The Invention and Decline of Israeliness: State, Society and the Military (Berkeley: University of California Press, 2001)Google Scholar
, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism (Princeton: Princeton University Press, 1996)Google Scholar
, Imperial Reckoning: The Untold Story of Britain's Gulag in Kenya (New York: Henry Holt and Company, 2005)Google Scholar
, ‘The War on Terrorism Affects the Academy: Principal Post-September 11, 2001 Federal Anti-Terrorism Statutes, Regulations and Policies that Apply to Colleges and Universities’ 30 (2004) Journal of College & University Law239–335Google Scholar
, The Constitution of Law: Legality in a Time of Emergency (Cambridge: Cambridge University Press, 2006)CrossRefGoogle Scholar
, A Jurisprudence of Power: Victorian Empire and the Rule of Law (Oxford: Oxford University Press, 2005)Google Scholar
, ‘War v Justice: Terrorism Cases, Enemy Combatants and Political Justice in US Courts’ (2005) 33 Politics and Society 4, 637–99 at 645CrossRefGoogle Scholar
, ‘Jurisdiction in an Immigrant Settler Society: the “Jewish and democratic state”’ (2002) 35 Comparative Political Studies 10, 1119–44 at 1123CrossRefGoogle Scholar
, ‘Hegemony and Hidden Transcripts: The Discursive Arts of Neoliberal Legitimation’ (2005) 107 American Anthropologis 3 at 356–68CrossRefGoogle Scholar
, Domination and the Arts of Resistance: Hidden Transcripts (New Haven: Yale University Press, 1990)Google Scholar
and (eds.), The Torture Papers: The Road to Abu Ghraib (New York: Cambridge University Press, 2005), pp. 38–79CrossRef
, ‘Legal Fabrication and the Case of Cultural Property’, in and (eds.), Law, Anthropology and the Constitution of the Social (Cambridge: Cambridge University Press, 2004)Google Scholar
- 3
- Cited by