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基本説明
Examines the theoretical and legislative contexts of the Act, including its impact on constitutional and human rights issues.
Full Description
The Civil Contingencies Act 2004 marks an important recognition of the increasingly vital agendas of risk and resilience within our society. The United Kingdom has long had legislation dealing with limited types of risk in certain situations. Most prominent and controversial has been the recent legislation about terrorism, but there have also existed other statutes to deal with problems such as; debilitating industrial strikes; power and water supply emergencies; and food chain disasters. However, more recent disturbing events, namely; the fuel strikes of 2000; the catastrophic terrorist attacks of 2001 and threat of further attack through chemical and biological weapons; the foot and mouth outbreak of 2001; and climate change with its associated risks of floods and drought; have rendered a more comprehensive approach to risk and resilience within the United Kingdom essential.
This book provides a detailed exploration of the Civil Contingencies Act 2004 and its supporting documentation. It describes and analyses recent changes by providing a full commentary on all parts of the Act - Part I covers the planning aspects and Part II explores the more reactive and controversial regulatory emergency powers. Part III deals with the implementation of the Act including management structures and resources and the operational and organisational concerns which the legislation is intended to address. The theoretical and legislative contexts of the Act are also examined, including its impacts on constitutional and human rights issues.
The commentary provides a vital understanding of the civil protection and emergency response functions in the UK, and the appendices include the full text of the Act together with other official documentation.
Contents
PART I: RISK, REGULATION, AND RESILIENCE IN EMERGENCY ; 1. Risk and Risk Management Theory ; Introduction ; The Risk Society ; Towards a Civil Protection Society? ; Conclusions ; PART II: THE LEGISLATIVE DETAILS ; 2. Background and Outline ; Forerunners to the Act ; Legislative History of the Act ; Outline, Miscellaneous Provisions, and Related Jurisdictions ; Standards ; Conclusions ; 3. The Meanings of 'Emergency' ; Part I Definitions ; Part II Definitions ; The Concept of 'Emergency' - Overall Assessment ; 4. Local Arrangements for Civil Protection: Part I of the Act ; Introduction ; Duty Holders - 'Responders' ; Power Holders ; Preparedness of Responders ; External Actions Demanded of Responders ; Monitoring and Enforcement ; Devolved Territories and London ; Legislative Procedures and Effect ; Regulations and Guidance ; Other Planning Powers ; Operational Powers ; Conclusions ; 5. Emergency Powers: Part II of the Act ; The Making of Emergency Regulations ; The Scope and Limits of Emergency Regulations ; regional Emergency Coordinators ; Emergency Tribunals ; Oversight ; Devolved Territories and London ; Regulations and Guidance ; Other Emergency Powers ; Conclusions ; 6. Constitutional Issues ; The Principles of Constitutionalism ; Overall Design ; Breadth of Powers Over Constitutional Matters ; Democratic Scrutiny ; Judicial Scrutiny ; Other Independent Scrutiny ; Devolution ; Conclusions ; 7. Human Rights Issues ; Human Rights Requirements ; Draft Civil Contingencies Bill ; The Act - Definitions ; The Act - Part I ; The Act - Part II ; Conclusions ; PART III: THE OPERATIONALIZATION OF RESILIENCE ; 8. Towards a Civil Contingencies Framework ; Central Government Structures ; Central Government Policy on Resilience ; Central Government and the Civil Contingencies Act ; The Role of the Military ; Practical Guides for Local Planners ; Standards of Delivery ; Finance ; International Assistance ; Conclusions ; 9. Comparisons and Final Conclusions ; International Comparisons ; Final Conclusions ; APPENDICES ; Appendix 1: The Civil Contingencies Act 2004
