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States of Emergency and the Law: The Experience of Bangladesh

States of Emergency and the Law: The Experience of Bangladesh

Author: M. Ehteshamul Bari
Publisher: Routledge
ISBN: 9781138051119
Published In: July 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The declaration of a state of emergency can be a legitimate constitutional method to protect the interests of society in times of national crises provided it is not exercised in a manner that compromises commitment to democratic values, such as maintaining the rule of law and safeguarding the core rights. This book uses the case of Bangladesh, which has undergone five states of emergency, to explore the best means for ensuring the maintenance of these democratic values. To this end, this book draws from: a) the common themes in the experience of emergency powers under the constitutional framework of similarly situated polities, such as India and Pakistan, and b) the safeguards concerning the exercise of emergency powers contained in the constitutions of other developing and developed nations.

The comparative experiences of these jurisdictions provide insight into the mechanisms necessary during a state of emergency for ensuring a delicate balance between the necessity to prevent the state from being perished on the one hand, and to simultaneously uphold the rule of law and the core fundamental rights of individuals on the other. Consequently, the study identifies the flaws, deficiencies and lacunae of the constitutional provisions concerning emergency measures in Bangladesh and recommendations are advanced to rectify the defects.

This book will be a valuable resource for academics, researchers and policy-makers working in the areas of comparative constitutional law, human rights law, and Asian law

Acknowledgments

Table of Cases

Table of Statutes

Table of Legislative Instruments

Introduction

General Issues Concerning the Powers of Emergency and the Evolution of these Powers in the Indo-Pak-Bangladesh Sub-continent

Suspension of the Fundamental Rights and the Exercise of the Power of Preventive Detention during Emergencies in the Indo-Pak-Bangladesh Sub-continent

Devising and Developing a Standard Emergency Model

The Emergencies Proclaimed in Bangladesh on Five Occasions from 1974-2007 and their Justification

Impact of the Five Proclamations of Emergency in Bangladesh on the Fundamental Rights of Individuals

Preventive Detention Laws in Bangladesh, their Exercise during the Five Proclamations of Emergency and Judicial Response to Such Exercise

Conclusion