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Vol 22 No 12 Dec 17/Jan 18

Book of the Month

Cover of McGregor on Damages

McGregor on Damages

Edited by: James Edelman, Simon Colton, Jason Varuhas
Price: £440.00

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Rights, Emergencies and Judicial Review

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ISBN13: 9789041102294
ISBN: 9041102299
Published: June 1996
Publisher: Brill Academic Publishers
Format: Hardback
Price: £204.00

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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.

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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.