Emergency powers and the courts in India and Pakistan
Author(s)
Bibliographic Information
Emergency powers and the courts in India and Pakistan
(Nijhoff law specials, 53)
Kluwer Law International, c2002
Available at 1 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. [205]-211) and index
Description and Table of Contents
Description
The fundamental premise of this study is that where Constitutions, such as that of India and Pakistan, articulate legal norms which limit the scope of the executive power to derogate from individual rights during states of emergency, there must likewise exist an effective control mechanism to ensure that the Executive acts within the scope of that power. Viewed from this perspective, the judicial power to interpret the Constitution imposes upon the Court the constitutional duty to provide adequate safeguards against the abuse of state power affecting individual rights. This power remains available notwithstanding the presumed or purported ouster of judicial review. The concept of judicial review as a source of control is examined in the light of the experience of Pakistan and India during periods of constitutional emergency. The divergent approaches of the Courts in these countries, in litigation concerning emergency powers and individual rights, are explained in terms of divergent views that these Courts have adopted with respect to the nature of judicial review.
Table of Contents
Preface. Introduction. I. Emergency and Constitutionalism. II. Constitutional Emergency Powers of the Executive. III. Extra-Constitutional Emergency Powers: Martial Law. IV. Emergency, Fundamental Rights and the Courts. V. Jurisprudence of the Indian Supreme Court during the 1962-1969 Emergency. VI. Jurisprudence of the Indian Supreme Court during the 1971-1977 Emergency. VII. Jurisprudence of the Pakistan Supreme Court during Emergency. VIII. Emergency, Constitutionalism and the Political Function of the Courts. Appendix A: The Constitution of India. Appendix B: Constitution of the Republic of Pakistan 1962. Appendix C: Constitution of the Islamic Republic of Pakistan 1973. Table of Cases. Table of Legislation. Bibliography. Index.
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