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Rights, Emergencies, and Judicial Review
  • Language: en
  • Pages: 395

Rights, Emergencies, and Judicial Review

  • Categories: Law

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 w...

Emergency Powers and the Courts in India and Pakistan
  • Language: en
  • Pages: 217

Emergency Powers and the Courts in India and Pakistan

  • Categories: Law

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.

Constitutional Law
  • Language: en

Constitutional Law

  • Type: Book
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  • Published: 2015
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  • Publisher: Unknown

None

LexisNexis Questions and Answers - Constitutional Law, 4th Edition
  • Language: en

LexisNexis Questions and Answers - Constitutional Law, 4th Edition

  • Type: Book
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  • Published: 2015-07-30
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  • Publisher: Unknown

Each chapter commences with a summary of key issues. The question is followed by an answer plan, a sample answer and examineroÂeÂ(tm)s comments. Readers are also alerted to potential errors in answering the questions in the oÂeÂ~common errors to avoid section. A feature of this book is a separate chapter of hypothetical fact situations that incorporate multiple constitutional issues in a single problem question. Questions cover a comprehensive range of topics within the constitutional law curriculum. Features oÂeo Summary of Key Issues; Questions with answer guide, model answers, examiners' comments and common errors to avoid. Related Titles Harvey, Longo, Ligertwood, Babovic & Parker, LexisNexis Study Guide - Constitutional Law, 2nd ed, 2014 Siow, LexisNexis Glance Card - Constitutional Law at a Glance, 2015 Trone, Quick Reference Card - Constitutional Law, 2nd ed, 2015

Public Law and Civil Rights
  • Language: en
  • Pages: 203

Public Law and Civil Rights

  • Type: Book
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  • Published: 1995
  • -
  • Publisher: Unknown

Produced for unit MLL216 (Public law and civil rights) offered by the Faculty of Management's School of Law in Deakin University's Open Campus Program.

The Sino-Indian War of 1962
  • Language: en
  • Pages: 268

The Sino-Indian War of 1962

  • Type: Book
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  • Published: 2016-11-03
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  • Publisher: Routledge

The Sino-Indian border war of 1962 forms a major landmark in South Asian, Asian and Cold War history. Among others, it resulted in an unresolved conflict permanently hindering rapprochement between China and India, the establishment of the Sino-Pakistani axis, the deepening of the Sino-Soviet split and had a lasting impact on Indian domestic affairs. This volume draws on new documentary evidence to re-evaluate perceptions, motivations and decision-making processes of both antagonists, but also of third powers immediately affected by the conflict. It also investigates the effect on India’s internal politics, its Constitution, the Communist Party of India and the fate of Indians of Chinese origin. Finally, it analyses how the conflict is viewed in India today and its ramifications for India–China relationship. A major intervention in the Asian historical landscape, this book will be indispensable to scholars and researchers of modern history, especially of modern South Asia and China, international relations, defence and strategic studies, international politics and government. It will also be useful for think-tanks and government agencies.

Emergency Powers in Asia
  • Language: en
  • Pages: 517

Emergency Powers in Asia

  • Categories: Law

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

Necessity and National Emergency Clauses
  • Language: en
  • Pages: 432

Necessity and National Emergency Clauses

  • Categories: Law

Unveiling the complex dynamic between State sovereignty and necessity doctrine as historically practiced in international political relations, this book proposes analytical criteria to assess the lawfulness and legitimacy of interpretations of necessity and national emergency clauses in specialized treaty regimes.

The Most Dangerous Place
  • Language: en
  • Pages: 320

The Most Dangerous Place

  • Type: Book
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  • Published: 2010-06-10
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  • Publisher: Penguin

The story of the dark side of the Afghan war - and how Pakistan degenerated into a nuclear-armed powder keg Eight years ago we chased the Taliban from Kabul and forced Al Qaeda to find a new home. One by one the militants crossed the border into Pakistan and settled in its tribal areas, building alliances with locals and terrorizing or bribing their way to power. This place - Pakistan's lawless frontier - is now the epicenter of global terrorism. It is where young American and British jihadists go to be trained, where the kidnapped are stowed away, and where plots are hatched for deadly attacks all over the world. It has become, in President Obama's words, "the most dangerous place" - a horn...