Emergency powers in Asia : exploring the limits of legality / edited by Victor V. Ramraj, Arun K. Thiruvengadam.
2010
KNC956 .E44 2010 (Map It)
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Details
Title
Emergency powers in Asia : exploring the limits of legality / edited by Victor V. Ramraj, Arun K. Thiruvengadam.
Published
Cambridge [U.K.] ; New York, N.Y. : Cambridge University Press, 2010.
Call Number
KNC956 .E44 2010
Former Call Number
Comp 218 Em32 2010
ISBN
9780521768900 (hardbound)
052176890X (hardbound)
052176890X (hardbound)
Description
xii, 517 pages ; 24 cm
System Control No.
(OCoLC)351325482
Summary
"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"--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
1.
Introduction: emergency powers and constitutionalism in Asia / Arun K. Thiruvengadam Victor V. Ramraj
1
Pt. 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 experience / 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
Pt. 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
Pt. 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 de Lisle
342
Pt. 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