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Full-Text Articles in Jurisprudence

Targeted Killing: A Legal And Political History, Markus Gunneflo Dec 2015

Targeted Killing: A Legal And Political History, Markus Gunneflo

Markus Gunneflo

Looking beyond the current debate’s preoccupation with the situations of insecurity of the second intifada and 9/11, this book reveals how targeted killing is intimately embedded in both Israeli and US statecraft and in the problematic relation of sovereign authority and lawful violence underpinning the modern state system. The book details the legal and political issues raised in targeted killing as it has emerged in practice including questions of domestic constitutional authority, the norms on the use of force in international law, the law of targeting and human rights. The distinctiveness of Israeli and US targeted killing is accounted for …


Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo Dec 2007

Gunneflo - Demokrati Och Lagprövning: Om Rättfärdigandet Av En Positiv Respektive Negativ Inställning Till Lagprövning [Democracy And Judicial Review: On The Justicfication Of A Positive And A Negative Attitude To Judicial Review In A Democracy], Markus Gunneflo

Markus Gunneflo

This article focuses on the justification of a positive and a negative attitude respectively towards judicial review in a democracy. The analysis is performed by analyzing texts by four American theorists theorists with different opinions on the subject: Robert Dahl, Jeremy Waldron, Erwin Chemerinsky and Ronald Dworkin. The study shows that there are significant disagreements concerning democratic values between those who take a positive and those who take a negative attitude to judicial review inter alia on the understanding of democracy in terms of process or substance, rule by the broad mass of the people or rule by an elite, …