Vol. 3 No. 2 (2010): Issue 2 (December 2010)

HUMAN RIGHTS GUARANTEES DURING STATES OF EMERGENCY: THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Stefan Kirchner

As is the case with other international human rights treaties, the European Convention on Human Rights (ECHR) offers states parties to the convention p

STATE OF EXCEPTION AND JUDICIAL POWER

Vaidotas A. Vaičaitis

The article deals with the concept of the state of exception in judicial reasoning. Two cases from the European Court of Human Rights together with som

THE EXCEPTIONAL STATE OF THE MEDIA: SOME EXPERIENCES IN POST-SOVIET LITHUANIA

Gintaras Aleknonis

Theoretical attempts to solve the problem of exception inevitably draw attention to the conflict between freedom and equality, the core values of a dem

FROM MILLIGAN TO BOUMEDIENE: THREE MODELS OF EMERGENCY JURISPRUDENCE IN THE AMERICAN SUPREME COURT

Emily Hartz

This article aims to bring philosophical and legal aspects of the discussions of the problem of emergency together by employing classic philosophical v

SCHMITT V. (?) KELSEN: THE TOTAL STATE OF EXCEPTION POSITED FOR THE TOTAL REGULATION OF LIFE

Tomas Berkmanas

Firstly, the article focuses on the ideologies of Hans Kelsen and Carl Schmitt, which are, as a matter of stereotype, considered as being in opposition

THE UNITED NATIONS AND STATES OF EXCEPTION

Charles F. Szymanski

The political and legal problem of a state of exception, whereby a state deviates from its normal constitutional and legal order in response to a real

THE HERMAPHRODITE SOVEREIGN: WALTER BENJAMIN, CARL SCHMITT, AND THE PERMANENT STATE OF EXCEPTION

J.D. Mininger

This article re-imagines the textual relationship between Carl Schmitt and Walter Benjamin as one of much greater affinity than has typically been gran

CONTAINMENT AND ENGAGEMENT AS MIDDLE-RANGE THEORIES

Gerda Jakštaitė

In the studies of international relations containment and engagement are often understood as strategies of foreign policy. This article seeks to explor