Inbunden, Engelska, 2009

Emergency Powers in Asia

Exploring the Limits of Legality

Av Victor V. Ramraj, Arun K. Thiruvengadam

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Beskrivning

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.

Produktinformation

Utgivningsdatum: 2009-12-10
Mått: 158 x 234 x 30 mm
Vikt: 960 g
Format: Inbunden
Språk: Engelska
Antal sidor: 530
Förlag: Cambridge University Press
ISBN: 9780521768900

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Mer om författaren

Victor V. Ramraj is an Associate Professor in the Faculty of Law at the National University of Singapore, where he is also Vice-Dean for Academic Affairs. Arun K. Thiruvengadam is an Assistant Professor in the Faculty of Law at the National University of Singapore.

Recensioner i media

'While emergency powers are most frequently resorted to in Asia, there is little systematic or comprehensive study of this phenomenon. Emergency powers can be a threat to liberal constitutionalism; it may also be a measure to restore stability and constitutional order. It may be an instrument of suppression, and yet in some circumstances, it may also serve to galvanize public support against authoritarian regimes. The role of emergency powers in liberal constitutional democracies, through which emergency powers are conventionally analyzed, is very different from that in developing countries, particularly in the transition from colonial rule to independence, or from political turbulence to relative tranquility. Can emergency powers be contained by the constitution, and more fundamentally, can constitutionalism be sustained and evolved alongside real, exaggerated or perceived emergency situations with a relatively fragile judiciary in many Asian states? This book provides a fresh perspective in understanding emergency powers by putting them squarely in the post-colonial and post-conflict social, legal, political and comparative context in Asia, thereby enabling an intellectual and theoretical engagement of the contemporary debates on this complex yet fascinating subject.' Johannes Chan S. C., University of Hong Kong

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