Abstract
This chapter deals with the problem of the use of emergency power as an ordinary device to prevent the most disparate forms of global crime. The main thesis of the Author is that the recent globalised trend of such normalisation of emergency governance should be read as the evidence of a most profound crisis of the categories and structures of law and politics in the global era, capable of bringing dramatic practical consequences on the fundamental rights of global citizens. The Author then considers, also in a critical perspective, the possible justifications and limits of resorting to emergency powers to fight global crime and suggests a few short-term and long-term solutions to constrain the resort to such measures to strict necessity and to make them compliant with at least a fundamental nucleus of human rights and the principles required to protect them appropriately.
Translated title of the contribution | The Normalization of the Exceptional Prevention of Global Crime:: Improvisation 'with a tied hand' in four stages and final on the emerged right of negative criminal prevention |
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Original language | Italian |
Title of host publication | L’eccezione nel diritto |
Subtitle of host publication | Atti della giornata di studio (Trento, 31 ottobre 2013) |
Editors | Sergio Bonini, Lucia Busatta, Ilaria Marchi |
Publisher | Editoriale Scientifica |
Pages | 319-360 |
Number of pages | 41 |
ISBN (Print) | 978-88-6342-822-3 |
Publication status | Published - 2015 |
Bibliographical note
Open Access book freely downloadable from the IRIS archive - Research registry (https://iris.unitn.it/) with Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Italy License.More information about the license to the URL:
http://creativecommons.org/licenses/by-nc-nd/3.0/it/legalcode