Rights, Emergencies and Judicial Reviewby Imtiaz Omar, I. Omar, Omar
Pub. Date: 04/01/1996
Publisher: Brill Academic Publishers, Inc.
This book makes a significant 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… See more details below
This book makes a significant 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.
- Brill Academic Publishers, Inc.
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Table of Contents
|Ch. I||The Operation of Constitutional Rights of Citizens - A General Overview of the Three Systems||13|
|Ch. II||Preventive Detention in the Legal-Constitutional Systems of the Three Countries||39|
|Ch. III||Emergency Powers and Martial Law||70|
|Ch. IV||Emergency Powers, the Executive and the Court||91|
|Ch. V||Constitutional Rights and Emergency: Some Basic Issues||115|
|Ch. VI||Malaysia: Jurisprudence for the Formal Style||134|
|Ch. VII||Sri Lanka: Uncoordinated Jurisprudence||154|
|Ch. VIII||Bangladesh: Jurisprudence of Legality||200|
|Ch. IX||Emergency, Judicial Review and Constitutional Interpretation||225|
|Ch. X||Emergency, Judicial Review and Rights||260|
|Ch. XI||Towards a New Jurisprudence of Emergency, Rights and Judicial Review||297|
|Appendix I: Constitution of Malaysia||321|
|Appendix II: Constitution of Sri Lanka 1978||331|
|Appendix III: Constitution of Bangladesh||347|
|Table of Abbreviations||361|
|Table of Cases||363|
|Table of Legislation||373|
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