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The years 1918-1925 were the most turbulent in recent Irish
history, a time of momentous constitutional change and widespread
political unrest. Faced with armed insurrection and revolutionary
claims to democratic legitimacy, the British government responded
with increasingly harsh emergency powers. These measures provided
the model for the governments which emerged following the partition
of the country into the Irish Free State and Northern Ireland. In
this scholarly and compelling book Dr Colm Cambell offers a
detailed legal analysis of emergency powers and assesses their
impact upon the outcome of political conflicts. Drawing upon
extensive archival materials, the author examines the effect of
emergency law on the battle for legitimacy in three jurisdictions:
Ireland under British rule 1918-1921; the Irish Free State 1922-25;
and Northern Ireland 1921-25. By identifying and discussing three
core areas of emergency law in all three jurisdictions, such as
special powers of arrest and detention, special courts and
internment without trial, the author brings out the historical
continuity in the development of these powers. The role of the
judiciary in co-operating with laws which helped to marginalize
them is also discussed. Carefully researched and cogently argued,
this book will appeal not only to historians but also to
constitutional lawyers, political scientists, and scholars
interested in civil liberaties and the history of laws relating to
political violence.
Human rights is all too often the first casualty of national
insecurity. How can democracies cope with the threat of terror
while protecting human rights? This timely volume compares the
lessons of the United States and Israel with the "best-case
scenarios" of the United Kingdom, Canada, Spain, and Germany. It
demonstrates that threatened democracies have important options,
and democratic governance, the rule of law, and international
cooperation are crucial foundations for counterterror policy. The
contributors include: Howard Adelman, Colm Campbell, Pilar Domingo,
Richard Falk, David Forsythe, Wolfgang S. Heinz, Pedro Ibarra, Todd
Landman, Salvador Marti, and, Daniel Wehrenfennig.
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