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Emergency Powers in Asia Exploring the Limits of Legality

By: Ramraj, Victor V | Thiruvengadam, Arun K.
Material type: materialTypeLabelBookPublisher: UK Cambridge 2010Description: XII, 517p. Index.ISBN: 9780521768900.Subject(s): Asia | Asean | Aufsatzsammlung | Notstandsrecht | War and emergency powersDDC classification: 342.50 Summary: "What is the relevance of contemporary debates over emergency powers for countries situated in Asia? What role does, and should, the constitution play in constraining these powers? The essays in this collection address these issues, drawing on emergency situations in over 20 countries in Asia as a ready-made laboratory for exploring the relationship between emergency powers and constitutionalism. This volume therefore rests squarely at the intersection of two debates - a debate over the ability of law to constrain the invocation and use of emergency powers by the executive in times of crisis, and a debate over the nature and viability of constitutionalism in Asia. At this intersection are fundamental questions about constitutionalism and the nature of the modern state, questions that invite legal, political, sociological and historical analysis"--Provided by publisher
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342.50 RAM 2010 (Browse shelf) Not for loan

1. Introduction: emergency powers and constitutionalism in Asia
2. The emergency powers paradox
3. Emergency powers, constitutionalism and legal transplants: the East Asian experience
4. Constitution and extraconstitution: colonial emergency regims in postcolonial India and Pakistan
5. The princely imposter: stories of law and pathology in the exercise of emergency powers
6. From Myanmar to Manila : a brief study of emergency powers in Southeast Asia
7. Discourse of emergency in colonial and postcolonial
8. Emergency and Islamic law in Aceh
9. Uncountable? The United Nations, emergency powers and the rule of law in Asia
10. Emergency Powers and the Rule of Law in Indonesia
11. Emergency powers with a moustache: special powers, military rule and evolving constitutionalism in Thailand
12. Emergency powers and the limits of constitutionalism in Japan
13. States of exception in an exceptional state: emergency powers law in China
14. Constitutionalised emergency powers: a plague on Asian constitutionalism
15. Political emergencies in the Philippines: changing labels and the unchanging need for legitimacy
16. Isamism as a response to emergency rule in Pakistan: the surprising proposal of Justice A.R.Cornelius
17. Asian judiciaries and emergency powers: reasons for optimism

"What is the relevance of contemporary debates over emergency powers for countries situated in Asia? What role does, and should, the constitution play in constraining these powers? The essays in this collection address these issues, drawing on emergency situations in over 20 countries in Asia as a ready-made laboratory for exploring the relationship between emergency powers and constitutionalism. This volume therefore rests squarely at the intersection of two debates - a debate over the ability of law to constrain the invocation and use of emergency powers by the executive in times of crisis, and a debate over the nature and viability of constitutionalism in Asia. At this intersection are fundamental questions about constitutionalism and the nature of the modern state, questions that invite legal, political, sociological and historical analysis"--Provided by publisher

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