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Preventive Detention and the Democratic State (Hardcover)
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Preventive Detention and the Democratic State (Hardcover)
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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.
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