Preventive Detention and the Democratic State
- 1st Ed.
- New Delhi Cambridge University Press 2016
- 432
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.
The theoretical framework -- The policy debate -- Preventive detention under international law -- The history of preventive detention in India -- India's current preventive detention legislation -- India : preventive detention and due process -- India : the risk society and the slippery slope -- Preventive detention in England -- England : preventive detention and due process -- Preventive detention in the United States -- The United States : preventive detention and procedural due process -- Preventive detention's slippery slope -- Preventive detention and liberal democracy.
9781107056060
Preventive detention India Due process of law United States England