Full Product Details
Author: M. Ehteshamul Bari
Publisher: Taylor & Francis Ltd
Imprint: Routledge
Weight: 0.566kg
ISBN: 9781138051119
ISBN 10: 113805111
Pages: 282
Publication Date: 05 July 2017
Audience:
College/higher education
,
Tertiary & Higher Education
Format: Hardback
Publisher's Status: Active
Availability: In Print
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Reviews
During the period of intense resistance to colonisation in the Subcontinent, the use of emergency powers was correctly seen as a key method used by colonial authorities to stifle incipient nationalism and independence efforts. Virtually all leaders of decolonisation movements railed against such emergency legislation and vowed to abolish it immediately upon achieving independence. Unfortunately, too many saw the value of maintaining such laws, whether in constitutional or legislative form, to cement and perpetuate their own grip on power. In this book, Dr M. Ehteshamul Bari offers a masterful account of this phenomenon, focusing mainly on Bangladesh, which has had five states of emergency imposed since independence, but also comparing and contrasting the position with other constitutional democracies. Dr Bari provides a clear and compelling analysis of the critical need to maintain the rule of law and fundamental human rights, no matter the security challenges faced by a state. In an increasingly uncertain world, I commend this very important work without reservation to jurists, legislators and policymakers. Prof David Weisbrot AM FAAL DLitt Chair, Australian Press Council Former President of the Australian Law Reform Commission (1999-2009). A wide-ranging contribution on theory of 'states of emergency', in constitutional law and in political practice-with detailed attention to British India, modern India, Pakistan and, particularly, Bangladesh. A 'standard constitutional model of emergency powers' is suggested. Dr M. Ehteshamul Bari provides an instructive analysis of how it may be possible to guard against grasping guards. A/Professor Iain Stewart (Honorary Fellow, Macquarie Law School, Macquarie University) Dr Bari's work is a deep exploration of emergency powers and the rights of individuals subject to those powers in Bangladesh's fragile democratic system. Notably, Bari situates the Bangladeshi law against a masterful analysis of comparable jurisdictions such as India and Pakistan thereby filling a gap in legal scholarship. Bari's work is a must-read for scholars of constitutional law in South Asia and indeed anyone interested in human rights within a multi-religious societal context. Professor Sandeep Gopalan, Pro Vice-Chancellor (Academic Innovation), Deakin University.
During the period of intense resistance to colonisation in the Subcontinent, the use of emergency powers was correctly seen as a key method used by colonial authorities to stifle incipient nationalism and independence efforts. Virtually all leaders of decolonisation movements railed against such emergency legislation and vowed to abolish it immediately upon achieving independence. Unfortunately, too many saw the value of maintaining such laws, whether in constitutional or legislative form, to cement and perpetuate their own grip on power. In this book, Dr M. Ehteshamul Bari offers a masterful account of this phenomenon, focusing mainly on Bangladesh, which has had five states of emergency imposed since independence, but also comparing and contrasting the position with other constitutional democracies. Dr Bari provides a clear and compelling analysis of the critical need to maintain the rule of law and fundamental human rights, no matter the security challenges faced by a state. In an increasingly uncertain world, I commend this very important work without reservation to jurists, legislators and policymakers. Prof David Weisbrot AM FAAL DLitt Chair, Australian Press Council Former President of the Australian Law Reform Commission (1999-2009). A wide-ranging contribution on theory of `states of emergency', in constitutional law and in political practice-with detailed attention to British India, modern India, Pakistan and, particularly, Bangladesh.ã A `standard constitutional model of emergency powers' is suggested. ã Dr M. Ehteshamulã Bari provides an instructive analysis of how it may be possible to guard against grasping guards. A/Professor Iain Stewart (Honorary Fellow, Macquarie Law School, Macquarie University) Dr Bari's work is a deep exploration of emergency powers and the rights of individuals subject to those powers in Bangladesh's fragile democratic system. Notably, Bari situates the Bangladeshi law against a masterful analysis of comparable jurisdictions such as India and Pakistan thereby filling a gap in legal scholarship. Bari's work is a must-read for scholars of constitutional law in South Asia and indeed anyone interested in human rights within a multi-religious societal context. â â Professor Sandeep Gopalan, Pro Vice-Chancellor (Academic Innovation), Deakin University.
Author Information
Dr M. Ehteshamul Bari is a Lecturer in Law and the Director of the JD Program at Deakin University, Melbourne, Australia. He did his PhD in Law from Macquarie University, Sydney, in 2015 on an International Macquarie University Research Scholarship. Ehteshamul has published research articles on various aspects of constitutional law, human rights law and public international law in quality peer reviewed journals, such as the Oxford University Commonwealth Law Journal, San Diego International Law Journal, Commonwealth Law Bulletin and the Journal of East Asia and International Law.
