Emergency powers in Asia : exploring the limits of legality / edited by Victor V. Ramraj, Arun K. Thiruvengadam.

Format:

Book

Contributor:

Ramraj, Victor Vridar, 1968- editor.

Thiruvengadam, Arun K., editor.

Language:

English

Subjects (All):

War and emergency powers--Asia.

War and emergency powers.

Reason of state.

Extraordinary remedies--Asia.

Extraordinary remedies.

Asia.

Physical Description:

1 online resource (xii, 517 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2010.

System Details:

text file

PDF

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.

Contents:

Introduction : emergency powers and constitutionalism in Asia / Victor V. Ramraj and Arun K. Thiruvengadam

The emergency powers paradox / Victor V. Ramraj

Emergency powers, constitutionalism and legal transplants : the East Asian experience / Albert H.Y. Chen

Constitution and 'extraconstitution' : colonial emergency regimes in postcolonial India and Pakistan / Anil Kalhan

The princely impostor : stories of law and pathology in the exercise of emergency powers / Vasuki Nesiah

From Myanmar to Manila : a brief study of emergency powers in Southeast Asia / Kevin Y.L. Tan

Discourses of emergency in colonial and postcolonial Burma / Maitrii Augn-Thwin

Emergency and Islamic law in Aceh / Michelle Ann Miller and R. Michael Feener

UNaccountable? The United Nations, emergency powers and the rule of law in Asia / Simon Chesterman

Emergency powers and the rule of law in Indonesia / Nadirsyah Hosen

Emergency powers with a moustache : special powers, military rule and evolving constitutionalism in Thailand / Andrew Harding

Emergency powers and the limits of constitutionalism in Japan / Mark Fenwick

States of exception in an exceptional state : emergency powers law in China / Jacques DeLisle

Constitutionalised emergency powers : a plague on Asian constitutionalism? / H.P. Lee

Political emergencies in the Philippines : changing labels and the unchanging need for legitimacy / Raul C. Pangalangan

Islamism as a response to emergency rule in Pakistan : the surprising proposal of Justice A.R. Cornelius / Clark B. Lombardi

Asian judiciaries and emergency powers : reasons for optimism? / Arun K. Thiruvengadam.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511770630

Access Restriction:

Restricted for use by site license.