Rights, Emergencies and Judicial Review

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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: 4/1/1996
  • Pages: 412

Table of Contents

Preface
Introduction 1
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
Bibliography 379
Index 389
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