Download or read book Law of Preventive Detention in England India and Pakistan written by H. Mohammed Iqbal and published by . This book was released on 1955 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Relating to Preventive Detention in Pakistan written by Altaf Hosian Mian and published by . This book was released on 1970 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis deals with the law relating to preventive detention in Pakistan. It is an extraordinary law which empowers the executive to deprive citizens of their liberty without trial in regular court of law. Legislative powers may, under the constitution, be used in the interest of the state for reasons connected with defence, security, maintenance of public order and internal peace. The chapters on fundamental rights in the Constitutions of 1956 and 1962 place restrictions on these powers. The evolution of fundamental rights from the time of the British Raj are discussed in detail, and after a general discussion of fundamental rights, the thesis deals with the demands made by various political parties for their incorporation in the Indian constitution to be made by Parliament at Westminster. The All Party Report, The Simon Commission Report, The Round Table Conference Report and report of The Joint Parliamentary Committee on Indian Constitutional reform are dealt with in this Chapter I, along with the abrogation of the two constitutions of Pakistan. In Chapter II, the history of preventive detention has been traced from 1775 with Bengal State Prisoners Regulations of 1818 and 1850, the Criminal law Amendment Acts, 1908, 1915, the Sedition Report, 1918, the Rowlatt Act, 1919, and the Defence of India Act, 1939. The necessity for preventive detention is discussed in Chapter III; after a general consideration, such provisions in England and America in time of war are discussed. Chapter IV discusses the nature of preventive detention laws and the constitutional restrictions on them. Chapter V discusses judicial review and the jurisdiction of the High Courts to set aside detention orders when there is any irregularity or the order is made mala fide. Chapter VI deals with the detaining authority, the nature and reasonableness of its satisfaction to pass detention orders. The justification of preventive detention is discussed in Chapter VII, in which the situation in Pakistan is outlined; alternative remedies have been discussed to show how far they are inadequate to meet the needs of the country. The next two chapters deal with the constitutional remedies for loss of personal liberty, in which the writ procedure in England and Pakistan is discussed in detail, as well as Article 2 of Constitution of Pakistan, 1962. In the last Chapter some conclusions have been drawn from the research and some suggestions have been made.
Download or read book Law Relating to Preventive Detention in Pakistan written by Altaf Hosian Mian and published by . This book was released on 1970 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Preventive Detention Under Indian Constitution written by Pannalal Dhar and published by . This book was released on 1986 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Freedom and Restrictive Laws written by Pakistan. Department of Films and Publications and published by . This book was released on 1965 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Preventive Detention and the Democratic State written by Hallie Ludsin and published by Cambridge University Press. This book was released on 2016-01-08 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.
Download or read book Preventive Detention and Security Law written by Andrew Harding and published by BRILL. This book was released on 2021-09-27 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive detention law is a subject which continues to receive great international attention. In recent years the legal rights of detainees have been more and more frequently litigated, and significant new approaches have been developed.
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 Pakistan a Political Study written by Keith B. Callard and published by . This book was released on 1957 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constituent Assembly Legislature of Pakistan Debate written by Pakistan. Constituent Assembly (1947-1954). Legislature and published by . This book was released on 1952 with total page 1760 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Journal of the Indian Law Institute written by Indian Law Institute and published by . This book was released on 1969 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Constitution of Pakistan written by Sadaf Aziz and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a contextual account of Pakistan's constitutional laws and history. It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralisation and legal innovations of colonial rule. It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured. Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity between regime types. The contours of a broader constitutionalism come to light in the ways in which state power is wielded at different periods and in the range of contests – economic, political and cultural – through which some of this power is sought to be dispersed. Chapters on Rights, Federalism and Islam detail the contextual features of some of these contests and the normative, legal parameters through which they are provisionally settled.
Download or read book The Common Law in India written by Motilal Chimanlal Setalvad and published by . This book was released on 1970 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Law Reports written by Elihu Lauterpacht and published by Cambridge University Press. This book was released on 2004 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Indian Constitution written by Granville Austin and published by . This book was released on 1972 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Emergency Chronicles written by Gyan Prakash and published by Princeton University Press. This book was released on 2019-03-26 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gripping story of an explosive turning point in the history of modern India On the night of June 25, 1975, Indira Gandhi declared a state of emergency in India, suspending constitutional rights and rounding up her political opponents in midnight raids across the country. In the twenty-one harrowing months that followed, her regime unleashed a brutal campaign of coercion and intimidation, arresting and torturing people by the tens of thousands, razing slums, and imposing compulsory sterilization on the poor. Emergency Chronicles provides the first comprehensive account of this understudied episode in India’s modern history. Gyan Prakash strips away the comfortable myth that the Emergency was an isolated event brought on solely by Gandhi’s desire to cling to power, arguing that it was as much the product of Indian democracy’s troubled relationship with popular politics. Drawing on archival records, private papers and letters, published sources, film and literary materials, and interviews with victims and perpetrators, Prakash traces the Emergency’s origins to the moment of India’s independence in 1947, revealing how the unfulfilled promise of democratic transformation upset the fine balance between state power and civil rights. He vividly depicts the unfolding of a political crisis that culminated in widespread popular unrest, which Gandhi sought to crush by paradoxically using the law to suspend lawful rights. Her failure to preserve the existing political order had lasting and unforeseen repercussions, opening the door for caste politics and Hindu nationalism. Placing the Emergency within the broader global history of democracy, this gripping book offers invaluable lessons for us today as the world once again confronts the dangers of rising authoritarianism and populist nationalism.
Download or read book The Use of Preventive Detention Laws in Malaysia A Case for Reform written by M. Ehteshamul Bari and published by Springer Nature. This book was released on 2020-07-07 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
