|
Books > Law > Other areas of law > Military law & courts martial
In the age of technological advancement, including the emergence of
artificial intelligence, big data, and the internet of things, the
need for privacy and protection has risen massively. This
phenomenon has led to the enforcement of two major legal directives
in the European Union (EU) that aim to provide vigorous protection
of personal data. There is a need for research on the repercussions
and developments that have materialized with these recent
regulations and how the rest of the world has been affected.
Personal Data Protection and Legal Developments in the European
Union is an essential reference source that critically discusses
different aspects of the GDPR and the Law Enforcement Directive as
well as recent jurisprudential developments concerning data privacy
in the EU and its member states. It also addresses relevant recent
case law of the Court of Justice of the EU, the European Court of
Human Rights, and national courts. Featuring research on topics
such as public transparency, medical research data, and automated
decision making, this book is ideally designed for law
practitioners, data scientists, policymakers, IT professionals,
politicians, researchers, analysts, academicians, and students
working in the areas of privacy, data protection, big data,
information technology, and human rights law.
Martial law is not a body of substantive law, but rather summary
powers employed by the military commanders when the ordinary rule
of law is suspended. Under the British rule, martial law was
proclaimed on many occasions in different territories in India,
wherein excessively harsh provisions were used to humiliate
Indians. The framers of the Indian Constitution did not make any
express provision about martial law under the Constitution.
However, an implied reference to the possibility of imposing
martial rule in India has indicated in Article 34 wherein it
provides that an Act of Indemnity may be passed by the Parliament
in respect of acts done under martial law. This book covers the
historical perspective of martial law in India and compares it with
a few other countries. The possibility of arrest and detention of
an offender during martial law, the rights to the habeas corpus in
such circumstances, and the power of constitutional courts to issue
such a writ has been analyzed. The book examines the powers of the
military commander under the Armed Forces Special Powers Act and
critically evaluates whether it amounts to the de facto
proclamation of martial law. The Book also analyses whether the
proclamation of martial law is feasible in India in the future.
This book is intended for not only those who are involved in
promoting, protecting, and enforcing human rights, but also for
those engaged in the security of the country. It will of relevance
to parliamentarians, government officials, military authorities,
judges, lawyers, and members of the civil society who have a stake
in the armed forces.
The book makes a comprehensive analysis of the basic principles and
theories of military law, restructuring the theoretic framework of
military law. It also puts forwards the new concepts of "core
military law" and "international military law" for the first time
in China, and even the world. The book could help legal scholars
and lawyers, especially military lawyers and research fellows in
military law, to have a new approach to study military law.
Martial law is not a body of substantive law, but rather summary
powers employed by the military commanders when the ordinary rule
of law is suspended. Under the British rule, martial law was
proclaimed on many occasions in different territories in India,
wherein excessively harsh provisions were used to humiliate
Indians. The framers of the Indian Constitution did not make any
express provision about martial law under the Constitution.
However, an implied reference to the possibility of imposing
martial rule in India has indicated in Article 34 wherein it
provides that an Act of Indemnity may be passed by the Parliament
in respect of acts done under martial law. This book covers the
historical perspective of martial law in India and compares it with
a few other countries. The possibility of arrest and detention of
an offender during martial law, the rights to the habeas corpus in
such circumstances, and the power of constitutional courts to issue
such a writ has been analyzed. The book examines the powers of the
military commander under the Armed Forces Special Powers Act and
critically evaluates whether it amounts to the de facto
proclamation of martial law. The Book also analyses whether the
proclamation of martial law is feasible in India in the future.
This book is intended for not only those who are involved in
promoting, protecting, and enforcing human rights, but also for
those engaged in the security of the country. It will of relevance
to parliamentarians, government officials, military authorities,
judges, lawyers, and members of the civil society who have a stake
in the armed forces.
This detailed, practitioner text, explains national security law in
all its aspects. It collates and explains the core elements of the
law, both substantive and procedural, and the practical issues
which may arise in national security litigation. The book draws on
the professional experience of a team of expert contributors. The
first part explores the meaning of "national security", examines
the respective roles in this area of Parliament, the executive and
the courts, and explains the law relating to the security and
intelligence agencies, their powers and oversight. The core of the
book addresses the various executive measures used to disrupt
terrorism, espionage and other hostile state activity, usually on
the basis of secret intelligence, and the civil proceedings that
may result from executive action taken for the national security
purposes. The third part addresses national security and the
criminal law. The remaining chapters address national security law
in such diverse contexts as inquests, inquiries, employment,
vetting, family, freedom of information, and data protection
proceedings. National security law is now of relevance to a wide
range of practising lawyers, judges, legislators, policymakers,
oversight bodies, and academic experts working in a variety of
legal fields well beyond public law. The highly-specialised nature
of the topic make this book a vital text not only for those seeking
an overview of the law, but also for experienced practitioners
instructed to act in proceedings in which national security issues
may arise. The intense media and public scrutiny which accompanies
many national security cases will also make this book of interest
to a wider audience seeking to understand the legal context of such
cases.
In the age of technological advancement, including the emergence of
artificial intelligence, big data, and the internet of things, the
need for privacy and protection has risen massively. This
phenomenon has led to the enforcement of two major legal directives
in the European Union (EU) that aim to provide vigorous protection
of personal data. There is a need for research on the repercussions
and developments that have materialized with these recent
regulations and how the rest of the world has been affected.
Personal Data Protection and Legal Developments in the European
Union is an essential reference source that critically discusses
different aspects of the GDPR and the Law Enforcement Directive as
well as recent jurisprudential developments concerning data privacy
in the EU and its member states. It also addresses relevant recent
case law of the Court of Justice of the EU, the European Court of
Human Rights, and national courts. Featuring research on topics
such as public transparency, medical research data, and automated
decision making, this book is ideally designed for law
practitioners, data scientists, policymakers, IT professionals,
politicians, researchers, analysts, academicians, and students
working in the areas of privacy, data protection, big data,
information technology, and human rights law.
|
|