The Law Of Emergency Powers

Author : Abhishek Singhvi,Khagesh Gautam
Publisher : Springer Nature
Page : 336 pages
File Size : 53,5 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 : Victor V. Ramraj,Arun K. Thiruvengadam
Publisher : Cambridge University Press
Page : 531 pages
File Size : 43,6 Mb
Release : 2010
Category : Law
ISBN : 9780521768900

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Emergency Powers in Asia by Victor V. Ramraj,Arun K. Thiruvengadam Pdf

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

Author : Greene, Alan
Publisher : Bristol University Press
Page : 182 pages
File Size : 46,6 Mb
Release : 2020-10-29
Category : Law
ISBN : 9781529215410

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Emergency Powers in a Time of Pandemic by Greene, Alan Pdf

How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.

Author : Michael Head
Publisher : Taylor & Francis
Page : 256 pages
File Size : 48,9 Mb
Release : 2017-05-15
Category : Law
ISBN : 9781134795291

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Emergency Powers in Theory and Practice by Michael Head Pdf

Why have the early years of the 21st century seen increasing use of emergency-type powers or claims of supra-legal executive authority, particularly by the Western countries regarded as the world's leading democracies, notably the United States? This book examines the extraordinary range of executive and prerogative powers, emergency legislation, martial law provisos and indemnities in countries with English-derived legal systems, primarily the UK, the US and Australia. The author challenges attempts by legal and academic theorists to relativise, rationalise, legitimise or propose supposedly safe limits for the use of emergency powers, especially since the September 2001 terrorist attacks. This volume also considers why the reputation of Carl Schmitt, the best-known champion of 'exceptional' dictatorial powers during the post-1919 Weimer Republic in Germany, and who later enthusiastically served and sanctified the Nazi dictatorship, is being rehabilitated, and examines why his totalitarian doctrines are thought to be of relevance to modern society. This diverse book will be of importance to politicians, the media, the legal profession, as well as academics and students of law, humanities and politics.

Author : Oren Gross,Fionnuala Ní Aoláin
Publisher : Cambridge University Press
Page : 48 pages
File Size : 46,8 Mb
Release : 2006-10-30
Category : Political Science
ISBN : 9781139457750

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Law in Times of Crisis by Oren Gross,Fionnuala Ní Aoláin Pdf

This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

Author : ERIC. BLOCK
Publisher : Unknown
Page : 128 pages
File Size : 49,7 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 : 42,7 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 : H. P. Lee
Publisher : Lawbook Company
Page : 334 pages
File Size : 41,9 Mb
Release : 1984-01-01
Category : Legislative power
ISBN : 0455202729

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Emergency Powers by H. P. Lee Pdf

Author : Karin Loevy
Publisher : Cambridge University Press
Page : 323 pages
File Size : 41,5 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 : Dennis G. Molinaro
Publisher : University of Toronto Press
Page : 352 pages
File Size : 42,7 Mb
Release : 2017-05-08
Category : History
ISBN : 9781442629608

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An Exceptional Law by Dennis G. Molinaro Pdf

During periods of intense conflict, either at home or abroad, governments enact emergency powers in order to exercise greater control over the society that they govern. The expectation though is that once the conflict is over, these emergency powers will be lifted. An Exceptional Law showcases how the emergency law used to repress labour activism during the First World War became normalized with the creation of Section 98 of the Criminal Code, following the Winnipeg General Strike. Dennis G. Molinaro argues that the institutionalization of emergency law became intricately tied to constructing a national identity. Following a mass deportation campaign in the 1930s, Section 98 was repealed in 1936 and contributed to the formation of Canada’s first civil rights movement. Portions of it were used during the October Crisis and recently in the Anti-Terrorism Act of 2015. Building on the theoretical framework of Agamben, Molinaro advances our understanding of security as ideology and reveals the intricate and codependent relationship between state-formation, the construction of liberal society, and exclusionary practices.

Author : Abhishek Manu Singhvi,University of Cambridge
Publisher : Unknown
Page : 128 pages
File Size : 49,7 Mb
Release : 1986
Category : Electronic
ISBN : OCLC:59371114

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The Law of Emergency Powers by Abhishek Manu Singhvi,University of Cambridge Pdf

Author : Christian Kreuder-Sonnen
Publisher : Oxford University Press, USA
Page : 267 pages
File Size : 50,5 Mb
Release : 2019-11-13
Category : Business & Economics
ISBN : 9780198832935

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Emergency Powers of International Organizations by Christian Kreuder-Sonnen Pdf

Emergency Powers of International Organizations explores emergency politics of international organizations (IOs). It studies cases in which, based on justifications of exceptional necessity, IOs expand their authority, increase executive discretion, and interfere with the rights of their rule-addressees. This ''IO exceptionalism'' is observable in crisis responses of a diverse set of institutions including the United Nations Security Council, the European Union, and the World Health Organization. Through six in-depth case studies, the book analyzes the institutional dynamics unfolding in the wake of the assumption of emergency powers by IOs. Sometimes, the exceptional competencies become normalized in the IOs' authority structures (the ''ratchet effect"). In other cases, IO emergency powers provoke a backlash that eventually reverses or contains the expansions of authority (the "rollback effect"). To explain these variable outcomes, this book draws on sociological institutionalism to develop a proportionality theory of IO emergency powers. It contends that ratchets and rollbacks are a function of actors' ability to justify or contest emergency powers as (dis)proportionate. The claim that the distribution of rhetorical power is decisive for the institutional outcome is tested against alternative rational institutionalist explanations that focus on institutional design and the distribution of institutional power among states. The proportionality theory holds across the cases studied in this book and clearly outcompetes the alternative accounts. Against the background of the empirical analysis, the book moreover provides a critical normative reflection on the (anti) constitutional effects of IO exceptionalism and highlights a potential connection between authoritarian traits in global governance and the system's current legitimacy crisis.

Author : M. Ehteshamul Bari
Publisher : Taylor & Francis
Page : 282 pages
File Size : 48,9 Mb
Release : 2017-07-06
Category : Law
ISBN : 9781351685924

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States of Emergency and the Law by M. Ehteshamul Bari Pdf

Introduction -- General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh -- Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent -- Devising and developing a standard emergency model -- THe emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction -- Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals -- Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise -- Conclusion

Author : Oren Gross
Publisher : Unknown
Page : 481 pages
File Size : 43,8 Mb
Release : 2006
Category : Emergencies
ISBN : 0511331681

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Law in Times of Crisis by Oren Gross Pdf

Presents the first systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers.

Author : Nasser Hussain
Publisher : University of Michigan Press
Page : 211 pages
File Size : 50,5 Mb
Release : 2019-08-02
Category : History
ISBN : 9780472037537

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The Jurisprudence of Emergency by Nasser Hussain Pdf

The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.