Emergency Powers in Asia: Exploring the Limits of Legality by Victor V. Ramraj, Arun K. Thiruvengadam

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By Victor V. Ramraj, Arun K. Thiruvengadam

What's the relevance of latest debates over emergency powers for international locations located in Asia? What function does, and will, the structure play in constraining those powers? The essays during this assortment handle those concerns, drawing on emergency occasions in over 20 nations in Asia as a ready-made laboratory for exploring the connection among emergency powers and constitutionalism. This quantity accordingly rests squarely on the intersection of 2 debates - a debate over the facility of legislation to constrain the invocation and use of emergency powers via the administrative in instances of quandary, and a debate over the character and viability of constitutionalism in Asia. At this intersection are basic questions about constitutionalism and the character of the trendy kingdom, questions that invite felony, political, sociological and old research.

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Emergency Powers in Asia: Exploring the Limits of Legality

What's the relevance of up to date debates over emergency powers for nations positioned in Asia? What position does, and will, the structure play in constraining those powers? The essays during this assortment deal with those matters, drawing on emergency events in over 20 international locations in Asia as a ready-made laboratory for exploring the connection among emergency powers and constitutionalism.

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273–94. Lee, Chapter 14, p. 397. T. C. Halliday, L. Karpik and M. M. ) Fighting for Political Freedom: Comparative Studies of the Legal Complex and Political Liberalism (Oxford: Hart, 2007), p. 7. For theoretical account of Malaysia’s incomplete transition to a rule-of-law state, see R. R. ), Emergencies, pp. 118–41. 85 Malaysia has shown, in the context of emergency powers and national security cases, a respect for legality only in a very formal sense;86 it has responded to judicial challenges with formal amendments to the law, making the executive legally unaccountable for the use of these powers – and thereby casting doubt on the extent to which legality in the public sphere is firmly entrenched.

69 These historical episodes show that although contextual differences remain important, scholars of emergency powers in and outside Asia have much to share and discuss. VII. Conclusion: out of the shadows A study of emergency powers might seem at first to be an arcane area of constitutional law. The essays in this collection show that it is not. On the contrary, a study of emergency powers quickly leads us to the bedrock of constitutionalism and conceptual foundations of constitutional theory.

For an overview of constitutional developments, see A. J. Harding and H. P. ), Constitutional Landmarks in Malaysia: The First 50 Years 1957–2007 (Singapore: LexisNexis, 2007). This and the three following paragraphs draw on V. V. ), Constitutional Landmarks, pp. 145–55. C. ), Constitutional Landmarks, pp. 103–13. PU (A) 145. the emergency powers paradox 39 Prime Minister’s advice and the moderating counsel of the NOC’ and used emergency regulations to deal with ‘many routine government matters .

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