Rights Emergencies And Judicial Review

Author : Imtiaz Omar
Publisher : Martinus Nijhoff Publishers
Page : 414 pages
File Size : 43,7 Mb
Release : 1996-04-24
Category : Law
ISBN : 9041102299

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Rights, Emergencies, and Judicial Review by Imtiaz Omar Pdf

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.

Author : Imtiaz Omar
Publisher : Springer
Page : 0 pages
File Size : 42,6 Mb
Release : 1996-04-24
Category : Law
ISBN : 9041102299

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Rights, Emergencies and Judicial Review by Imtiaz Omar Pdf

Author : Imtiaz Omar
Publisher : Martinus Nijhoff Publishers
Page : 409 pages
File Size : 47,9 Mb
Release : 2023-07-03
Category : Law
ISBN : 9789004633759

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Rights, Emergencies and Judicial Review by Imtiaz Omar Pdf

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.

Author : Karin Loevy
Publisher : Cambridge University Press
Page : 323 pages
File Size : 54,7 Mb
Release : 2016-03-11
Category : Law
ISBN : 9781316592137

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Emergencies in Public Law by Karin Loevy Pdf

Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.

Author : Imtiaz Omar
Publisher : BRILL
Page : 235 pages
File Size : 51,5 Mb
Release : 2021-10-18
Category : Law
ISBN : 9789004481091

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Emergency Powers and the Courts in India and Pakistan by Imtiaz Omar Pdf

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.

Author : David Dyzenhaus
Publisher : Cambridge University Press
Page : 9 pages
File Size : 48,9 Mb
Release : 2006-10-05
Category : Law
ISBN : 9781139460507

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The Constitution of Law by David Dyzenhaus Pdf

Dyzenhaus deals with the urgent question of how governments should respond to emergencies and terrorism by exploring the idea that there is an unwritten constitution of law, exemplified in the common law constitution of Commonwealth countries. He looks mainly to cases decided in the United Kingdom, Australia and Canada to demonstrate that even in the absence of an entrenched bill of rights, the law provides a moral resource that can inform a rule-of-law project capable of responding to situations which place legal and political order under great stress. Those cases are discussed against a backdrop of recent writing and judicial decisions in the United States of America in order to show that the issues are not confined to the Commonwealth. The author argues that the rule-of-law project is one in which judges play an important role, but which also requires the participation of the legislature and the executive.

Author : Abhishek Singhvi,Khagesh Gautam
Publisher : Springer Nature
Page : 336 pages
File Size : 49,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9789811529979

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The Law of Emergency Powers by Abhishek Singhvi,Khagesh Gautam Pdf

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.

Author : Jaime Oraá
Publisher : Unknown
Page : 320 pages
File Size : 46,6 Mb
Release : 1992
Category : Law
ISBN : UOM:39015025015408

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Human Rights in States of Emergency in International Law by Jaime Oraá Pdf

In the last decade, grave violations of human rights have occurred during states of emergency such as armed conflict, subversion, and terrorism. Many sovereign states are notorious for using a state of emergency as an excuse for breaching human rights, and one of the most important problems in the international protection of human rights is that of identifying the standards governing these rights. This volume examines human rights in the context of treaty law and general international law. It analyzes the rules, principles, and obligations which international law has developed to cope with these situations.

Author : Monika Florczak-Wątor,Fruzsina Gárdos-Orosz,Jan Malíř,Max Steuer
Publisher : Taylor & Francis
Page : 293 pages
File Size : 52,5 Mb
Release : 2024-02-13
Category : Law
ISBN : 9781003851103

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States of Emergency and Human Rights Protection by Monika Florczak-Wątor,Fruzsina Gárdos-Orosz,Jan Malíř,Max Steuer Pdf

Emergencies are ubiquitous in 21st-century societal discourses. From the rise of emergency pronouncements in the United States since 9/11 accompanied by the associated violations of fundamental rights, through talks of ‘crises’ in the EU in relation to the economy, Putin’s occupation of Crimea (as recently amplified by the full-scale invasion of Ukraine) or refugees, to the long-neglected looming climate catastrophe, emergency discourses have been catapulted to the centre of attention by the critical juncture of the COVID-19 pandemic. This volume presents and compares the existing regulations and practices of emergencies and human rights protection in the Visegrad (V4) countries. As such, the analysis covers Czech Republic, Hungary, Poland, and Slovakia. Although these European countries share a common historical experience and are now members of the EU and NATO, they differ in some of their constitutional traditions and, also, in the dynamics of their political regimes. Divided into three parts, the first two comprehensively discuss the constitutional models of emergency and human rights protection in each of the V4 countries, while the third part illustrates how these models and the general framework of rights protection materialised in the limitations of the selected human rights during the COVID-19 pandemic. The volume provides a compass for more in-depth, comparative, and interdisciplinary inquiries into the forms and practices of emergencies in one of the EU regions that faces illiberalisation and the consequences of the ongoing invasion of Ukraine by the Russian Federation on its eastern borders. It will be a valuable resource for academics, researchers, and policymakers working in the areas of Constitutional Law and Politics.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Tom Ginsburg,Rosalind Dixon
Publisher : Edward Elgar Publishing
Page : 681 pages
File Size : 46,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9780857931214

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Comparative Constitutional Law by Tom Ginsburg,Rosalind Dixon Pdf

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Author : ERIC. BLOCK
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 2021
Category : Electronic
ISBN : 0433509554

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EMERGENCY LAW IN CANADA by ERIC. BLOCK Pdf

Author : Ergun Özbudun,Mehmet Turhan,European Commission for Democracy through Law
Publisher : Council of Europe
Page : 28 pages
File Size : 50,6 Mb
Release : 1995-01-01
Category : Political Science
ISBN : 9287128758

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Emergency Powers by Ergun Özbudun,Mehmet Turhan,European Commission for Democracy through Law Pdf

Author : Eric A. Posner,Adrian Vermeule
Publisher : Oxford University Press on Demand
Page : 328 pages
File Size : 55,7 Mb
Release : 2007-01-04
Category : Law
ISBN : 9780195310252

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Terror in the Balance by Eric A. Posner,Adrian Vermeule Pdf

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.

Author : Rainer Arnold,José Ignacio Martínez-Estay
Publisher : Springer
Page : 446 pages
File Size : 44,7 Mb
Release : 2017-05-16
Category : Law
ISBN : 9783319551869

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Rule of Law, Human Rights and Judicial Control of Power by Rainer Arnold,José Ignacio Martínez-Estay Pdf

Judicial control of public power ensures a guarantee of the rule of law. This book addresses the scope and limits of judicial control at the national level, i.e. the control of public authorities, and at the supranational level, i.e. the control of States. It explores the risk of judicial review leading to judicial activism that can threaten the principle of the separation of powers or the legitimate exercise of state powers. It analyzes how national and supranational legal systems have embodied certain mechanisms, such as the principles of reasonableness, proportionality, deference and margin of appreciation, as well as the horizontal effects of human rights that help to determine how far a judge can go. Taking a theoretical and comparative view, the book first examines the conceptual bases of the various control systems and then studies the models, structural elements, and functions of the control instruments in selected countries and regions. It uses country and regional reports as the basis for the comparison of the convergences and divergences of the implementation of control in certain countries of Europe, Latin America, and Africa. The book’s theoretical reflections and comparative investigations provide answers to important questions, such as whether or not there are nascent universal principles concerning the control of public power, how strong the impact of particular legal traditions is, and to what extent international law concepts have had harmonizing and strengthening effects on internal public-power control.