States of exception as paradigms of government: emergency and criminal justice in Jamaica?

Young, Jermaine

doi:10.1080/08263663.2022.2066819

Cited by 3 publications

(2 citation statements)

References 27 publications

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“…З погляду правової ідеології, як вказує Дж. Янг, оголошення надзвичайного стану урядами всіх типів у всьому світі для вирішення різноманітних криз спонукало італійського політичного філософа Д. Агамбена охарактеризувати їх як «домінуючу парадигму уряду» [2].…”

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Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Koltun

2024

АПП

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The article deals with the protection of the rights, freedoms and legitimate interests of a person and a citizen in administrative proceedings under martial law. It is argued that the right to a fair trial is a non-limiting right during certain emergencies. In the conditions of martial law, the implementation of the principle of court accessibility is one of the key factors for society, individual citizens, and for the effective functioning of public authorities and the state in general. It is argued that the right to judicial protection is critically important during war, and its hypothetical restriction could provoke the illegitimacy of the government, civil unrest, and in a broad sense, anarchy and violation of the rule of law. It has been proven that the legal system acts as an invariable mechanism for compliance with the requirements of legality, even in difficult political and legal circumstances due to the continuity of functioning, including administrative proceedings. In the conditions of war, when many democratic forms of public participation in the political process are limited, only administrative justice acts as the mechanism that allows you to oppose this "dominant paradigm” of executive management and is able to resolve public requests, overcome possible dissonances between the government and society, and normalize social relations according to the latest challenges and requests. Therefore, the effective and proper work of the judicial system as a whole, and especially of the administrative judiciary, creates a "platform” for preserving the policy of a democratic, legal state in conditions of martial law. It is also indicated that the role of administrative justice during the war is also valuable in that court decisions strengthen state-authority decisions and form proper law enforcement practice for subjects of power and other subjects. The three most significant problems of the functioning of administrative justice in the conditions of war are singled out: territorial accessibility, security threats and difficulties of a procedural nature. It was determined that electronic governance has become an effective mechanism for countering military threats to the administrative justice system.

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Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Koltun

2024

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“…Finally, executives can leverage public safety crises to expand their power at the expense of individual rights and civil liberties. Restrictions on surveillance and expectations of privacy can be curtailed under the pretext of the executive branch needing maximum latitude to address violent crime (Young, 2022). At the extreme, states of exception can give the executive the authority to detain individuals for extended periods of time without a trial (Agamben, 2005).…”

Section: From Public Safety Crises To the Expansion Of Executive Powermentioning

confidence: 99%

Violent crime and the expansion of executive power in Latin America

Flores-Macías

2023

Pres Stud Q

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What is the relationship between violent crime and the expansion of executive power? Whereas the literature on crises and executive power has focused on the centralization of authority resulting from the war on terror, the role played by other forms of crises short of interstate war has been neglected, especially in the developing world. This article argues that public safety crises have enabled executives to expand their power at the expense of other branches of government, levels of government, and protections against government abuse. It does so with examples from Latin America, where violent crime has become an important concern in many countries, highlighting the adoption of states of exception and the militarization of public life as avenues for the expansion of presidential power. It also provides in‐depth, longitudinal evidence from the Mexican case to show the adoption of these measures over time and their consequences for democracy.

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Jamaican Ganja farmers face extinction(s): grassroots activists propose ‘Jamsterdam’ resuscitation

Moorsom

2024

The Journal of Peasant Studies

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States of exception as paradigms of government: emergency and criminal justice in Jamaica?

Cited by 3 publications

References 27 publications

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Protection of human rights and freedoms in the administrative jurisdiction under the conditions of marital state

Violent crime and the expansion of executive power in Latin America

Jamaican Ganja farmers face extinction(s): grassroots activists propose ‘Jamsterdam’ resuscitation

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