Download or read book Emergency Powers of India s President written by Chiranjeevi Nuthalapaty and published by . This book was released on 1988 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Emergency Powers written by Harold C. Relyea and published by . This book was released on 2003 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report describes Presidents emergency. Federal law provides a variety of powers for the President to use in response to crisis, exigency, or emergency circumstances threatening the nation. Moreover, they are not limited to military or war situations.
Download or read book Emergency Powers and the Courts in India and Pakistan written by Imtiaz Omar and published by BRILL. This book was released on 2021-10-18 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book National Emergency Powers written by and published by . This book was released on 2003 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. 1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report, which is updated as events require.
Download or read book The Law of Emergency Powers written by Abhishek Singhvi and published by Springer Nature. This book was released on 2020-10-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.
Download or read book National Emergency Powers written by L Elaine Halchin and published by Independently Published. This book was released on 2019-04-05 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The President of the United States has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 230 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act (50 U.S.C. §§1601-1651) eliminated or modified some statutory grants of emergency authority, required the President to formally declare the existence of a national emergency and to specify what statutory authority activated by the declaration would be used, and provided Congress a means to countermand the President's declaration and the activated authority being sought. The development of this regulatory statute and subsequent declarations of national emergency are reviewed in this report.
Download or read book Emergency Powers and Indian Democracy 1971 1984 written by Zubair Alam and published by New Delhi : S.K. Publishers. This book was released on 1987 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book National Emergency Powers written by Harold C. Relyea and published by . This book was released on 2011-09-08 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: The President of the U.S. has available certain powers that may be exercised in the event that the nation is threatened by crisis, exigency, or emergency circumstances (other than natural disasters, war, or near-war situations). Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be permissible constitutionally, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. There are, however, limits and restraints upon the President in his exercise of emergency powers. With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency. Disputes over the constitutionality or legality of the exercise of emergency powers are judicially reviewable. Indeed, both the judiciary and Congress, as co-equal branches, can restrain the executive regarding emergency powers. So can public opinion. Furthermore, since 1976, the President has been subject to certain procedural formalities in utilizing some statutorily delegated emergency authority. The National Emergencies Act eliminated or modified some statutory grants of emergency authority; required the President to declare formally the existence of a national emergency and to specify what statutory authority, activated by the declaration, would be used; and provided Congress a means to countermand the President's declaration and the activated authority being sought. This report reviews the development of this regulatory statute and subsequent declarations of national emergency. Table. This is a print on demand report.
Download or read book Emergency Powers of the President written by United States. Congress. Senate. Committee on Expenditures in the Executive Departments and published by . This book was released on 1951 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emergency Powers of the President Hearings on S 4264 S 4266 and S 101 written by United States. Congress. Senate. Expenditures in the Executive Department and published by . This book was released on 1951 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Powers of the President and Governors in India written by Raghunath Patnaik and published by Deep and Deep Publications. This book was released on 1996 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emergency Powers of India s President written by Chiranjeevi Nuthalapaty and published by . This book was released on 1988 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emergency and Law written by Nirmal Chandra Chatterjee and published by . This book was released on 1966 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emergency in Indian Constitution written by Shivraj B. Nakade and published by . This book was released on 1990 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The emergency powers of the President written by Millard Hastay and published by . This book was released on 1941 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emergency Powers of the President written by John R. Turman and published by . This book was released on 1953* with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Public Administration in India written by Krishna K Tummala and published by Allied Publishers. This book was released on 1996 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
