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Vol 21 No 10 Oct/Nov 2016

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Emergency Powers in Asia: Exploring the Limits of Legality

Edited by: Victor Ramraj , Arun Thiruvengadam

ISBN13: 9780521768900
Published: December 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £89.99



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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.

  • Reconsiders the ideal of constitutionalism through the lens of emergency powers, focusing attention on a crucial but neglected dimension of constitutional scholarship
  • Offers comparative, theoretical, social and historical perspectives on the challenges posed by emergency powers, allowing readers to appreciate the complexity of the issues through interdisciplinary analysis
  • Engages the Western legal and political discourses on emergency powers and assesses their relevance to Asia, bringing into dialogue scholarly conversations and approaches that previously have been isolated
  • Provides a rich narrative account and analysis of the experiences of emergency powers in Asia, enabling readers to understand the particular experiences of emergency and to see them in a broader pan-Asian and international perspective

Subjects:
Other Jurisdictions , Asia
Contents:
1. Introduction: emergency powers and constitutionalism in Asia Victor V. Ramraj and Arun K. Thiruvengadam
Part I. Perspectives from Legal and Political Theory:
2. The emergency powers paradox Victor V. Ramraj
3. Emergency powers, constitutionalism and legal transplants: the East Asian experience Albert H. Y. Chen
4. Constitution and 'extraconstitution': colonial emergency regimes in postcolonial India and Pakistan Anil Kalhan
5. The princely imposter: stories of law and pathology in the exercise of emergency powers Vasuki Nesiah
Part II. Postcolonial and Post-Conflict Transitions:
6. From Myanmar to Manila: a brief study of emergency powers in Southeast Asia Kevin Y. L. Tan
7. Discourses of emergency in colonial and post-colonial Burma Maitrii Aung-Thwin
8. Emergency and Islamic law in Aceh Michelle Ann Miller and R. Michael Feener
9. UNaccountable? The United Nations, emergency powers and the rule of law in Asia Simon Chesterman
Part III. Emergencies, Executive Power and Constitutional Order:
10. Emergency powers and the rule of law in Indonesia Nadirsyah Hosen
11. Emergency powers with a moustache: special powers, military rule and evolving constitutionalism in Thailand Andrew Harding
12. Emergency powers and the limits of constitutional rule in Japan Mark Fenwick
13. States of exception in an exceptional state: emergency powers and law in China Jacques deLisle
Part IV. The Role of the Courts:
14. Constitutionalised emergency powers: a plague on constitutionalism? H. P. Lee
15. Political emergencies in the Philippines: changing labels and the unchanging need for legitimacy Raul Pangalangan
16. Islamism as a response to emergency rule in Pakistan: the surprising proposal of Justice A. R. Cornelius Clark B. Lombardi
17. Asian judiciaries and emergency powers: reasons for optimism? Arun K. Thiruvengadam.