Emergency Powers and the Courts in India and Pakistan

Emergency Powers and the Courts in India and Pakistan
Title Emergency Powers and the Courts in India and Pakistan PDF eBook
Author Imtiaz Omar
Publisher BRILL
Pages 235
Release 2021-10-18
Genre Law
ISBN 9004481095

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The fundamental premise of this study is that where Constitutions, such as that of India and Pakistan, articulate legal norms which limit the scope of the executive power to derogate from individual rights during states of emergency, there must likewise exist an effective control mechanism to ensure that the Executive acts within the scope of that power. Viewed from this perspective, the judicial power to interpret the Constitution imposes upon the Court the constitutional duty to provide adequate safeguards against the abuse of state power affecting individual rights. This power remains available notwithstanding the presumed or purported ouster of judicial review. The concept of judicial review as a source of control is examined in the light of the experience of Pakistan and India during periods of constitutional emergency. The divergent approaches of the Courts in these countries, in litigation concerning emergency powers and individual rights, are explained in terms of divergent views that these Courts have adopted with respect to the nature of judicial review.

Emergency Powers in Asia

Emergency Powers in Asia
Title Emergency Powers in Asia PDF eBook
Author Victor V. Ramraj
Publisher Cambridge University Press
Pages 531
Release 2010
Genre Law
ISBN 052176890X

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What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.

Rights, Emergencies and Judicial Review

Rights, Emergencies and Judicial Review
Title Rights, Emergencies and Judicial Review PDF eBook
Author Imtiaz Omar
Publisher Martinus Nijhoff Publishers
Pages 409
Release 2023-07-03
Genre Law
ISBN 9004633758

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This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.

The Oxford Handbook of Political Theory

The Oxford Handbook of Political Theory
Title The Oxford Handbook of Political Theory PDF eBook
Author John S Dryzek
Publisher Oxford University Press, USA
Pages 898
Release 2008-06-12
Genre Philosophy
ISBN 0199548439

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Oxford Handbooks of Political Science are the essential guide to the state of political science today. With engaging contributions from 51 major international scholars, the Oxford Handbook of Political Theory provides the key point of reference for anyone working in political theory and beyond.

The Law of Emergency Powers

The Law of Emergency Powers
Title The Law of Emergency Powers PDF eBook
Author Abhishek Singhvi
Publisher Springer Nature
Pages 336
Release 2020-10-30
Genre Law
ISBN 9811529973

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This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

Comparative Constitutional Law in Asia

Comparative Constitutional Law in Asia
Title Comparative Constitutional Law in Asia PDF eBook
Author Rosalind Dixon
Publisher Edward Elgar Publishing
Pages 365
Release 2014-02-28
Genre Law
ISBN 1781002703

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Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

Indian Politics in Comparative Perspective

Indian Politics in Comparative Perspective
Title Indian Politics in Comparative Perspective PDF eBook
Author Pravin Kumar Jha
Publisher Pearson Education India
Pages 313
Release 2012
Genre Comparative government
ISBN 8131798879

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Indian Politics in a Comparative Perspective is intended as a standard textbook for undergraduate students of political science. The book provides a handy reference tool to its readers by elucidating conceptual areas, furnishing established arguments and citing contemporary research works for a comprehensive knowledge of the subject. Carefully organized in ten well-researched chapters and examined from different vantage points, they weave a compelling story on the nature of Indian politics since the pre-Independence era to the making of our Constitution and gradually navigate to examine the impact of the growing role of religion and power structure in our political system. Indian Politics in a Comparative Perspective is an ideal read for anyone who is curious to understand the changing grammar of Indian politics.