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Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 052176890X
Category : Law
Languages : en
Pages : 531
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Book Description
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 052176890X
Category : Law
Languages : en
Pages : 531
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Book Description
What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
Author: Victor V. Ramraj
Publisher: Oxford University Press, USA
ISBN: 0197553834
Category : Law
Languages : en
Pages : 489
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Book Description
This is a book for an extraordinary time, about a pandemic for which there is no modern precedent. It is an edited collection of original essays on Asia's legal and policy responses to the Covid-19 pandemic, which, in a matter of months, swept around the globe, infecting millions. It transformed daily life in almost every corner of the planet: lockdowns of cities and entire countries, physical distancing and quarantines, travel restrictions and border controls, movement-tracking technology, mandatory closures of all but essential services, economic devastation and mass unemployment, and government assistance programs on record-breaking scales. Yet a pandemic on this scale, under contemporary conditions of globalization, has left governments and their advisors scrambling to improvise solutions, often themselves unprecedented in modern times, such as the initial lockdown of Wuhan. This collection of essays analyzes law and policy responses across Asia, identifying cross-cutting themes and challenges. It taps the collective knowledge of an interdisciplinary team of sixty-one researchers both in the service of policy development, and with the goal of establishing a scholarly baseline for research after the storm has passed. The collection begins with an epidemiological overview and survey of the law and policy themes. The jurisdiction-specific case studies and cross-cutting thematic essays cover five topics: first wave containment measures; emergency powers; technology, science, and expertise; politics, religion, and governance; and economy, climate, and sustainability. Chapter 20: Cambodia: Public Health, Economic, and Political Dimensions by Ratana Ly, Vandanet Hing, & Kimsan Soy is available for free.
Author: Oren Gross
Publisher: Cambridge University Press
ISBN: 1139457756
Category : Political Science
Languages : en
Pages : 48
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Book Description
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: Abhishek Singhvi
Publisher: Springer Nature
ISBN: 9811529973
Category : Law
Languages : en
Pages : 336
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Book Description
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: John S Dryzek
Publisher: Oxford University Press, USA
ISBN: 0199548439
Category : Philosophy
Languages : en
Pages : 898
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Book Description
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.
Author: Victor V. Ramraj
Publisher: Cambridge University Press
ISBN: 9781107403901
Category : Law
Languages : en
Pages : 0
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Book Description
Most modern states turn swiftly to law in an emergency. The global response to the 11 September 2001 attacks on the United States was no exception, and the wave of legislative responses is well documented. Yet there is an ever-present danger, borne out by historical and contemporary events, that even the most well-meaning executive, armed with extraordinary powers, will abuse them. This inevitably leads to another common tendency in an emergency, to invoke law not only to empower the state but also in a bid to constrain it. Can law constrain the emergency state or must the state at times act outside the law when its existence is threatened? If it must act outside the law, is such conduct necessarily fatal to aspirations of legality? This collection of essays - at the intersection of legal, political and social theory and practice - explores law's capacity to constrain state power in times of crisis.
Author: John Reynolds
Publisher: Cambridge University Press
ISBN: 1316781100
Category : Law
Languages : en
Pages : 343
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Book Description
What does it mean to say we live in a permanent state of emergency? What are the juridical, political and social underpinnings of that framing? Has international law played a role in producing or challenging the paradigm of normalised emergency? How should we understand the relationship between imperialism, race and emergency legal regimes? In addressing such questions, this book situates emergency doctrine in historical context. It illustrates some of the particular colonial lineages that have shaped the state of emergency, and emphasises that contemporary formations of emergency governance are often better understood not as new or exceptional, but as part of an ongoing historical constellation of racialised emergency politics. The book highlights the connections between emergency law and violence, and encourages alternative approaches to security discourse. It will appeal to scholars and students of international law, colonial history, postcolonialism and human rights, as well as policymakers and social justice advocates.
Author: Bonnie Honig
Publisher: Princeton University Press
ISBN: 0691152594
Category : Political Science
Languages : en
Pages : 218
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Book Description
A more democratic response to political emergencies This book intervenes in contemporary debates about the threat posed to democratic life by political emergencies. Must emergency necessarily enhance and centralize top-down forms of sovereignty? Those who oppose executive branch enhancement often turn instead to law, insisting on the sovereignty of the rule of law or demanding that law rather than force be used to resolve conflicts with enemies. But are these the only options? Or are there more democratic ways to respond to invocations of emergency politics? Looking at how emergencies in the past and present have shaped the development of democracy, Bonnie Honig argues that democracies must resist emergency's pull to focus on life's necessities (food, security, and bare essentials) because these tend to privatize and isolate citizens rather than bring us together on behalf of hopeful futures. Emphasizing the connections between mere life and more life, emergence and emergency, Honig argues that emergencies call us to attend anew to a neglected paradox of democratic politics: that we need good citizens with aspirational ideals to make good politics while we need good politics to infuse citizens with idealism. Honig takes a broad approach to emergency, considering immigration politics, new rights claims, contemporary food politics and the infrastructure of consumption, and the limits of law during the Red Scare of the early twentieth century. Taking its bearings from Moses Mendelssohn, Franz Rosenzweig, and other Jewish thinkers, this is a major contribution to modern thought about the challenges and risks of democratic orientation and action in response to emergency.
Author: Jeremy A. Yellen
Publisher: Cornell University Press
ISBN: 1501735551
Category : History
Languages : en
Pages : 303
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Book Description
"The Greater East Asia Co-Prosperity Sphere offers a lucid, dynamic, and highly readable history of Japan's attempt to usher in a new order in Asia during World War II." ― Cross-Currents: East Asian History and Culture Review In The Greater East Asia Co-Prosperity Sphere, Jeremy A. Yellen exposes the history, politics, and intrigue that characterized the era when Japan's "total empire" met the total war of World War II. He illuminates the ways in which the imperial center and its individual colonies understood the concept of the Sphere, offering two sometimes competing, sometimes complementary, and always intertwined visions—one from Japan, the other from Burma and the Philippines. Yellen argues that, from 1940 to 1945, the Greater East Asia Co-Prosperity Sphere epitomized two concurrent wars for Asia's future: the first was for a new type of empire in Asia, and the second was a political war, waged by nationalist elites in the colonial capitals of Rangoon and Manila. Exploring Japanese visions for international order in the face of an ever-changing geopolitical situation, The Greater East Asia Co-Prosperity Sphere explores wartime Japan's desire to shape and control its imperial future while its colonies attempted to do the same. At Japan's zenith as an imperial power, the Sphere represented a plan for regional domination; by the end of the war, it had been recast as the epitome of cooperative internationalism. In the end, the Sphere could not survive wartime defeat, and Yellen's lucidly written account reveals much about the desires of Japan as an imperial and colonial power, as well as the ways in which the subdued colonies in Burma and the Philippines jockeyed for agency and a say in the future of the region.
Author: M. Ehteshamul Bari
Publisher: Taylor & Francis
ISBN: 1351685929
Category : Law
Languages : en
Pages : 282
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Book Description
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
