Rights, Emergencies and Judicial Review

Rights, Emergencies and Judicial Review

by Imtiaz Omar, I. Omar, Omar
     
 

ISBN-10: 9041102299

ISBN-13: 9789041102294

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

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Overview

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.

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Product Details

ISBN-13:
9789041102294
Publisher:
Brill Academic Publishers, Inc.
Publication date:
04/01/1996
Pages:
412

Table of Contents

Preface
Introduction1
Ch. IThe Operation of Constitutional Rights of Citizens - A General Overview of the Three Systems13
Ch. IIPreventive Detention in the Legal-Constitutional Systems of the Three Countries39
Ch. IIIEmergency Powers and Martial Law70
Ch. IVEmergency Powers, the Executive and the Court91
Ch. VConstitutional Rights and Emergency: Some Basic Issues115
Ch. VIMalaysia: Jurisprudence for the Formal Style134
Ch. VIISri Lanka: Uncoordinated Jurisprudence154
Ch. VIIIBangladesh: Jurisprudence of Legality200
Ch. IXEmergency, Judicial Review and Constitutional Interpretation225
Ch. XEmergency, Judicial Review and Rights260
Ch. XITowards a New Jurisprudence of Emergency, Rights and Judicial Review297
Appendix I: Constitution of Malaysia321
Appendix II: Constitution of Sri Lanka 1978331
Appendix III: Constitution of Bangladesh347
Table of Abbreviations361
Table of Cases363
Table of Legislation373
Bibliography379
Index389

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