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Preventive Detention and the Democratic State

Preventive Detention and the Democratic State

Preventive Detention and the Democratic State

Author: Hallie Ludsin
Publisher: Cambridge University Press
ISBN: 9781107056060
Published In: December 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,196.00

HKD 1,160.12 Save HKD 35.88 (3%)

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Description
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Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent.

They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people.

In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals.

Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.

Acknowledgements

List of acronyms and abbreviations

Introduction

1. The theoretical framework

2. The policy debates

3. Preventive detention under international law

4. The history of preventive detention in India

5. India's current preventive detention legislation

6. India: preventive detention and due process

7. India: the risk society and the slippery slope

8. Preventive detention in England

9. England: preventive detention and due process

10. Preventive detention in the United States

11. The United States: preventive detention and procedural due process

12. Preventive detention's slippery slope

13. Preventive detention and liberal democracy

Bibliography

Index.

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