Preventive Detention and the Democratic State

This book tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world.

Hallie Ludsin (Author)

9781107056060, Cambridge University Press

Hardback, published 8 January 2016

444 pages
23.7 x 16.5 x 3.2 cm, 0.72 kg

'The framework and the content outline are comprehensive and the book promises to be a close look at the preventive detention laws in different democratic states from a human rights perspective. A book such as this would not only be a welcome addition to the existing literature but also add to the debate and discussion especially since the state of exception argument seems to be dominating the discourse. This book thus has a refreshing stand and argues against such normalisation of the exception with conviction and academic rigor.' Monica Sakhrani, Tata Institute of Social Sciences, Mumbai

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.

Acknowledgements
List of acronyms and abbreviations
Introduction
1. The theoretical framework
2. The policy debates
3. Preventive detention under international law
4. The history of preventive detention in India
5. India's current preventive detention legislation
6. India: preventive detention and due process
7. India: the risk society and the slippery slope
8. Preventive detention in England
9. England: preventive detention and due process
10. Preventive detention in the United States
11. The United States: preventive detention and procedural due process
12. Preventive detention's slippery slope
13. Preventive detention and liberal democracy
Bibliography
Index.

Subject Areas: Human rights & civil liberties law [LNDC], International law [LB]