[PDF] When Civil Law Fails Martial Law And Its Legal Basis In The United States eBook

Author : Abhishek Singhvi
Publisher : Springer Nature
Page : 336 pages
File Size : 40,61 MB
Release : 2020-10-30
Category : Law
ISBN : 9811529973

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This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

Author : William H. Rehnquist
Publisher : Vintage
Page : 288 pages
File Size : 40,48 MB
Release : 2007-12-18
Category : Political Science
ISBN : 0307424693

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In All the Laws but One, William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.

Author : Edward M. Steel
Publisher : University Press of Kentucky
Page : 456 pages
File Size : 22,46 MB
Release : 2021-11-21
Category : Law
ISBN : 0813187303

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In March 1913, labor agitator Mary Harris "Mother" Jones and forty-seven other civilians were tried by a military court on charges of murder and conspiracy to murder—charges stemming from violence that erupted during the long coal miners' strike in the Paint Creek and Cabin Creek areas of Kanawha County, West Virginia. Immediately after the trial, some of the convicted defendants received conditional pardons, but Mother Jones and eleven others remained in custody until early May. This arrest and conviction came in the latter years of Mother Jones's long career as a labor agitator. Eighty-one and feisty as ever, she was able to focus national attention on the miners' cause and on the governor's tactics for handling the dispute. Over the course of seven months, more than two hundred civilians were tried by courts-martial. Only during the Civil War and Reconstruction had the courts been used so extensively against private citizens, and the trial raised a number of civil rights issues. The national outcry over Mother Jones's imprisonment led the United States Senate to appoint a subcommittee to examine mining conditions in West Virginia—the first Senate subcommittee ever appointed to investigate a labor controversy. Public sentiment eventually forced a release of the prisoners and brought about a settlement of the strike. In the face of this overwhelmingly adverse publicity, the governor suppressed publication of the trial transcript, and it was long thought to have been destroyed. Edward M. Steel Jr., an authority on Mother Jones, uncovered the trial proceedings while searching for Jones's manuscripts amid private papers at the West Virginia and Regional Collection. This volume makes available for the first time the transcript of this landmark case in labor and legal history, including an introduction that provides background on the issues involved.

Author : Josiah Bartlett Lambert
Publisher : Cornell University Press
Page : 273 pages
File Size : 27,77 MB
Release : 2018-08-06
Category : Political Science
ISBN : 1501727524

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Once a fundamental civic right, strikes are now constrained and contested. In an unusual and thought-provoking history, Josiah Bartlett Lambert shows how the ability to strike was transformed from a fundamental right that made the citizenship of working people possible into a conditional and commercialized function. Arguing that the executive branch, rather than the judicial branch, was initially responsible for the shift in attitudes about the necessity for strikes and that the rise of liberalism has contributed to the erosion of strikers' rights, Lambert analyzes this transformation in relation to American political thought. His narrative begins before the Civil War and takes the reader through the permanent striker replacement issue and the alienation of workplace-based collective action from community-based collective action during the 1960s. "If the Workers Took a Notion" maps the connections among American political development, labor politics, and citizenship to support the claim that the right to strike ought to be a citizenship right and once was regarded as such. Lambert argues throughout that the right to strike must be protected. He challenges the current "law turn" in labor scholarship and takes into account the role of party alliances, administrative agencies, the military, and the rise of modern presidential powers.