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The Law of Emergency Powers = Comparative Common Law Perspectives /

紀錄類型:	書目-語言資料,印刷品 : Monograph/item
正題名/作者:	The Law of Emergency Powers/ by Abhishek Singhvi, Khagesh Gautam.
其他題名:	Comparative Common Law Perspectives /
作者:	Singhvi, Abhishek.
其他作者:	Gautam, Khagesh.
面頁冊數:	XXXVIII, 304 p. 1 illus.online resource. :
Contained By:	Springer Nature eBook
Subject:	Constitutional law. -
Online resource:	https://doi.org/10.1007/978-981-15-2997-9
ISBN:	9789811529979

The Law of Emergency Powers = Comparative Common Law Perspectives /
Singhvi, Abhishek.

The Law of Emergency PowersComparative Common Law Perspectives /[electronic resource] :by Abhishek Singhvi, Khagesh Gautam. - 1st ed. 2020. - XXXVIII, 304 p. 1 illus.online resource.

Chapter 1 – The Concept of Powers in History and Political Thought: Greek, Roman, and Indian paradigms -- Chapter 2 – Martial Law: A Comparative Analysis of USA, UK, and India -- Chapter 3 – Military Acting in Aid of Civilian Authority -- Chapter 4 – Judicial Independence and Economic Emergency with special focus on India -- Chapter 5 – Emergency Powers in India.

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.

ISBN: 9789811529979

Standard No.: 10.1007/978-981-15-2997-9doiSubjects--Topical Terms:

564349
Constitutional law.

LC Class. No.: K3154-3370

Dewey Class. No.: 342

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