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|All Authors / Contributors:||
|Description:||xii, 196 pages ; 24 cm|
|Contents:||Ch. 1. The problem in a nutshell --
The idea of law as a state of exception : a normative enlightenment concept --
The idea of law in a pure state of expection : normativity of civil liberty --
Liberty even in judgments about the world --
ch. 2. The war powers resolution : an unstable foundation for the AUMF --
Use of the war powers continued : an executive constitutional right to self-defense --
An army within : the executive mobilized --
ch. 3. Military process as self-defense : a concept of detention as deterrence --
Surveillance as a fundamental incident of warfare --
The concept of executive decision on a state of exception as a two-sided sword : the pitfalls of bad definitions --
ch. 4. Forcing the issue : a case-example of the proportionality principle in federal court --
Missing definitions and a narrowing discretion : a few areas of immigration law in which a concept of executive power has been checked by the courts --
ch. 5. Giving rights by means of turning into victims : the remanants of a state of exception applied without necessity of self-defense.
- War and emergency powers -- United States.
- Executive power -- United States.
- Terrorism -- Prevention -- Law and legislation -- United States.
- War on Terrorism, 2001-2009.
- Executive power.
- Terrorism -- Prevention -- Law and legislation.
- War and emergency powers.
- United States.
- Vollziehende Gewalt.
- Internationaler Terrorismus.