Preventive detention and the democratic state / Hallie Ludsin.
2016
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Author
Title
Preventive detention and the democratic state / Hallie Ludsin.
Imprint
Cambridge : Cambridge University Press, 2016.
Description
1 online resource (xi, 432 pages) : digital, PDF file(s)
Formatted Contents Note
The theoretical framework
The policy debate
Preventive detention under international law
The history of preventive detention in India
India's current preventive detention legislation
India : preventive detention and due process
India : the risk society and the slippery slope
Preventive detention in England
England : preventive detention and due process
Preventive detention in the United States
The United States : preventive detention and procedural due process
Preventive detention's slippery slope
Preventive detention and liberal democracy.
The policy debate
Preventive detention under international law
The history of preventive detention in India
India's current preventive detention legislation
India : preventive detention and due process
India : the risk society and the slippery slope
Preventive detention in England
England : preventive detention and due process
Preventive detention in the United States
The United States : preventive detention and procedural due process
Preventive detention's slippery slope
Preventive detention and liberal democracy.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 08 Mar 2016).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9781107296923 ebook
9781107056060 (hardback)
9781107056060 (hardback)
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