| Description |
1 online resource (282 pages) |
| Series |
Comparative Constitutionalism in Muslim Majority States |
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Comparative constitutionalism in Muslim majority states
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| Contents |
Cover; Half Title; Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgments; Table of cases; Table of constitutions/statutes; Table of legislative instruments; 1 Introduction; 1.1 Introduction; 1.2 Traditional models of emergency powers; 1.3 Contemporary scholarly debate on emergency powers; 1.4 The emergence of Bangladesh as an independent nation and enactment of the Constitution of Bangladesh; 1.5 The emergency framework under the Constitution of Bangladesh; 1.6 Objectives of the book; 1.7 Structure of the book; 1.8 References |
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2 General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh Subcontinent2.1 Introduction; 2.2 Definition of emergency; 2.3 Necessity of emergency powers; 2.4 Traditional models of emergency powers; 2.5 The possibility of the abuse of emergency powers under the traditional constitutional and legislative emergency models; 2.6 Evolution of emergency powers in the Subcontinent during the colonial and post-colonial periods; 2.7 The Constitution of Bangladesh, 1972 and the proclamation of emergency; 2.8 References |
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3 Suspension of the fundamental rights and the exercise of the power of preventive detention during emergencies in the Indo-Pak-Bangladesh Subcontinent3.1 Introduction; 3.2 Definition of fundamental rights; 3.3 The necessity of suspending fundamental rights during emergencies and the international standards concerning such suspension under the ICCPR; 3.4 Fundamental rights in the Subcontinent during the colonial period; 3.5 Guarantee of fundamental rights in the Constitutions of India, Pakistan and Bangladesh: after the post-colonial period; 3.6 Definition of preventive detention |
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3.7 Necessity of the power of preventive detention3.8 Abuse of the power of preventive detention; 3.9 Evolution of the power of preventive detention in the Subcontinent during the colonial and post-colonial periods; 3.10 References; 4 Devising and developing a standard emergency model; 4.1 Introduction; 4.2 Extra-legal model; 4.3 The legal model; 4.4 Developing a constitutional model of emergency powers; 4.5 The advantages of incorporating detailed safeguards concerning emergency in the constitution; 4.6 References |
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5 The emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justification5.1 Introduction; 5.2 The first proclamation of emergency issued in December 1974; 5.3 The second proclamation of emergency in May 1981; 5.4 The third proclamation of emergency in November 1987; 5.5 The fourth proclamation of emergency on 27 November 1990 and its justification; 5.6 The fifth proclamation of emergency in January 2007; 5.7 The impact of the Constitution (Fifteenth Amendment) Act 2011 on the provisions concerning emergency in the Constitution of Bangladesh, 1972; 5.8 References |
| Summary |
"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."--Provided by publisher |
| Notes |
6 Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals |
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Print version record |
| Subject |
War and emergency powers -- Bangladesh
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War and emergency legislation -- Bangladesh
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LAW -- Civil Rights.
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LAW -- Comparative.
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War and emergency legislation.
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War and emergency powers.
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Bangladesh.
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| Form |
Electronic book
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| ISBN |
9781351685917 |
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1351685910 |
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