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 Prison Bound written by Vikram Parekh and published by Human Rights Watch. This book was released on 1999 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abuses by Jail Staff
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.
Download or read book The UN Working Group on Arbitrary Detention written by Jared Genser and published by Cambridge University Press. This book was released on 2019-09-26 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.
Download or read book On Trial the Implementation of Pakistan s Blasphemy Laws written by International Commission of Jurists (1952- ) and published by . This book was released on 2015 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: "People accused of violating Pakistan's draconian 'blasphemy laws' face proceedings that are glaringly flawed, said the ICJ in a new report published today. 'Pakistan's blasphemy laws fly in the face of Pakistan's international legal obligations, including the duties to respect the rights of freedom of expression and freedom of religion and belief,' said Sam Zarifi, ICJ's Asia Director. 'But even worse, those facing accusations of blasphemy suffer through trials that are often fundamentally unfair.' In the 60-page report On Trial: the Implementation of Pakistan's Blasphemy Laws, the ICJ has documented in detail systematic and widespread fair trial violations in proceedings related to blasphemy offences in Pakistan, particularly in trial courts. Some of the problems documented in the report include: Intimidation and harassment of judges and lawyers that impede on the independence of the judiciary and the right to a defense; Demonstrable bias and prejudice against defendants by judges during the course of blasphemy proceedings and in judgments; Violations of the right to effective assistance of counsel; Rejection of bail and prolonged pre-trial detention; Incompetent investigation and prosecution that do not meet due diligence requirements under the law; The prosecution and detention of people living with mental disabilities; Inhumane conditions of detention and imprisonment, including prolonged solitary confinement. Pakistan's laws on 'offences related to religion'--sections 295-298-C of the Penal Code that are commonly known as 'blasphemy laws'--include a variety of crimes including misusing religious epithets, 'defiling' the Holy Quran, deliberately outraging religious sentiment, and using derogatory remarks in respect of the Prophet Muhammad. Sentences for these offences range from fines to long terms of imprisonment, and in the case of defamation of the Prophet Muhammad (section 295-C), a mandatory death sentence. 'Section 295 is a relic of the British colonial system that lends itself to human rights violations, including in Pakistan, India, Myanmar, and elsewhere,' Zarifi said. 'In Pakistan, General Zia-ul-Haq made additions to the laws that made them truly draconian.' Based on the analysis of over 100 judgments of the high courts and courts of first instance from 1986-2015 as well as interviews with defendants in blasphemy cases, their families, and defense counsel; judges, lawyers and police officials; and human rights activists, the report found: In 19 out of 25 cases under section 295-C (defamation of the Prophet Muhammad) studied by the ICJ, high courts have acquitted individuals convicted for blasphemy by trial courts. Glaring procedural irregularities and mala fide complaints are the grounds for acquittal on appeal in over 80 per cent of cases; Even in cases that ultimately result in acquittal, blasphemy proceedings suffer from undue delay--proceedings in trial courts can take on average three years, and appeals can take even longer, more than five years on average; Individuals accused of blasphemy under section 295-C are frequently denied bail even though they meet requirements under the law; Individuals detained pending trial or convicted for blasphemy are often kept in prolonged solitary confinement, at times, over a number of years. The report also confirms concerns recently raised by the Supreme Court of Pakistan that individuals accused of blasphemy 'suffer beyond proportion or repair', in the absence of adequate safeguards against misapplication or misuse of such blasphemy laws, the Geneva-based organization says. The ICJ has also made a number of recommendations to the Pakistani executive, legislative and judicial branches to address the defects in the framing of the blasphemy laws as well as of the shortcomings at the investigative, prosecutorial, procedural, administrative and judicial levels highlighted in the report to minimize the misuse of the blasphemy laws and ensure that those accused of blasphemy have a fair chance at defending themselves. 'It's time Pakistan and other countries got rid of these noxious laws, which continue to stifle freedom of expression and freedom of religion or belief, and instead promote extremism and intolerance,' Zarifi added."--
Download or read book States of Emergency and the Law written by M. Ehteshamul Bari and published by Routledge. This book was released on 2017-07-06 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution’s provisions concerning the proclamation of emergency,suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning these exceptional measures. Consequently, based on these findings, recommendations will be put forward to rectify these defects from comparative constitutional law and normative perspectives. The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh. This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law. Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue of constraining the exercise of emergency powers.
Download or read book The All Pakistan Legal Decisions written by and published by . This book was released on 1982 with total page 1272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing cases decided by the Privy Council, federal, provincial, shariat courts, and high courts of various Pakistani jurisdictions.
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 Affairs written by and published by . This book was released on 1961 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Country Reports on Human Rights Practices written by and published by . This book was released on 1991 with total page 1848 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Area Handbook for Pakistan written by American University (Washington, D.C.). Foreign Areas Studies Division and published by . This book was released on 1965 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional and Parliamentary Information written by Inter-parliamentary Union and published by . This book was released on 1973 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Islamic Law and the Law of Armed Conflict written by Niaz A Shah and published by Routledge. This book was released on 2011-03-03 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic Law and the Law of Armed Conflict: The Conflict in Pakistan demonstrates how international law can be applied in Muslim states in a way that is compatible with Islamic law. Within this broader framework of compatible application, Niaz A. Shah argues that the Islamic law of qital (i.e. armed conflict) and the law of armed conflict are compatible with each other and that the former can complement the latter at national and regional levels. Shah identifies grey areas in the Islamic law of qital and argues for their expansion and clarification. Shah also calls for new rules to be developed to cover what he calls the blind spots in the Islamic law of qital. He shows how Islamic law and the law of armed conflict could contribute to each other in certain areas, such as, the law of occupation; air and naval warfare; and the use of modern weaponry. Such a contribution is neither prohibited by Islamic law nor by international law. Shah applies the Islamic law of qital and the law of armed conflict to a live armed conflict in Pakistan and argues that all parties, the Taliban, the security forces of Pakistan and the American CIA, have violated one or more of the applicable laws. He maintains that whilst militancy is a genuine problem, fighting militants does not allow or condone violation of the law. Islamic Law and the Law of Armed Conflict will be of interest to students and scholars of international law, Islamic law, international relations, security studies and south-east Asian studies.
Download or read book The Transformative Constitution written by Gautam Bhatia and published by Harper Collins. This book was released on 2019-02-28 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: | Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.
Download or read book Pakistan Annual Law Digest written by and published by . This book was released on 1982 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rights Emergencies and Judicial Review written by Imtiaz Omar and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book makes a significant contribution to the understanding of issues of comparative constitutionalism in emergent politics. Recurrent states of emergency in Malaysia, Sri Lanka and Bangladesh provide the background for a comparative examination of constitutional emergency powers, individual rights, and judicial review. This work examines the extent to which the Court in these countries has performed its expected role, identifies problems in approaches to interpretation which have been adopted, and suggests alternatives to constitutional interpretation and judicial review. The alternatives explored are drawn from contemporary western jurisprudence, including those of Ronald Dworkin and writers of the Critical Legal Studies tradition. The juxtaposition of western jurisprudential development to issues of constitutionalism in the countries under survey is a bold attempt to seek some common ground in conceptualizing rights and techniques of juristic interpretation in western and eastern legal cultures. The theoretical framework of the study is well-perceived, the arguments convincing. This carefully researched work makes a valuable and scholarly contribution to the study of comparative constitutional law and jurisprudence.
Download or read book Security and Development Assistance written by United States. Congress. Senate. Committee on Foreign Relations and published by . This book was released on 1983 with total page 718 pages. Available in PDF, EPUB and Kindle. Book excerpt:
