Emergency Powers in Asia: Exploring the Limits of Legality
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.
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Emergency Powers in Asia: Exploring the Limits of Legality
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.
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Emergency Powers in Asia: Exploring the Limits of Legality

Emergency Powers in Asia: Exploring the Limits of Legality

Emergency Powers in Asia: Exploring the Limits of Legality

Emergency Powers in Asia: Exploring the Limits of Legality

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Overview

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.

Product Details

ISBN-13: 9780521768900
Publisher: Cambridge University Press
Publication date: 12/10/2009
Pages: 530
Product dimensions: 6.20(w) x 9.00(h) x 1.20(d)

About the Author

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.

Table of Contents

List of contributors ix

Preface xi

1 Introduction: emergency powers and constitutionalism in Asia Victor V. Ramraj Arun K. Thiruvengadam

Part I Perspectives from legal and political theory

2 The emergency powers paradox Victor V. Ramraj 21

3 Emergency powers, constitutionalism and legal transplants: the East Asian experi ence Albert H. Y. Chen 56

4 Constitution and 'extraconstitution': colonial emergency regimes in postcolonial India and Pakistan Anil Kalhan 89

5 The princely impostor: stories of law and pathology in the exercise of emergency powers Vasuki Nesiah 121

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 149

7 Discourses of emergency in colonial and postcolonial Burma Maitrii Aung-Thwin 187

8 Emergency and Islamic law in Aceh Michelle Ann Miller R. Michael Feener 213

9 UNaccountable" The United Nations, emergency powers and the rule of law in Asia Simon Chesterman 237

Part III Emergencies, executive power and constitutional order

10 Emergency powers and the rule of law in Indonesia Nadirsyah Hosen 267

11 Emergency powers with a moustache: special powers, military rule and evolving constitutionalism in Thailand Andrew Harding 294

12 Emergency powers and the limits of constitutionalism in Japan Mark Fenwick 314

13 States of exception in an exceptional state: emergency powers law in China Jacques deLisle 342

Part IV The role of the courts

14 Constitutionalised emergency powers: a plague on Asian constitutionalism" H. P. Lee 393

15 Political emergencies in the Philippines: changing labels and the unchanging need for legitimacy Raul C. Pangalangan 412

16 Islamism as a response to emergency rule in Pakistan: the surprising proposal of Justice A. R. Cornelius Clark B. Lombardi 436

17 Asian judiciaries and emergency powers: reasons for optimism" Arun K. Thiruvengadam 466

Index 495

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