Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 11 Nov/Dec 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Rights, Emergencies and Judicial Review

Image not available lge

ISBN13: 9789041102294
ISBN: 9041102299
Published: June 1996
Publisher: Brill Academic Publishers
Format: Hardback
Price: £188.00



Usually despatched in 1 to 3 weeks.

This work makes a contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the critical legal studies tradition.;The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.

Image not available lge
Contents:
I. The Operation of Constitutional Rights of Citizens - A General Overview of the Three Systems. II. Preventive Detention in the Legal- Constitutional Systems of the Three Countries. III. Emergency Powers and Martial Law. IV. Emergency Powers, the Executive and the Court. V. Constitutional Rights and Emergency: Some Basic Issues. VI. Malaysia: Jurisprudence of the Formal Style. VII. Sri Lanka: Uncoordinated Jurisprudence. VIII. Bangladesh: Jurisprudence of Legality. Appendices: Constitution of Malaysia. Constitution of Sri Lanka. Constitution of Bangla Desh.