Download Free Constitutional Glimpses Of Martial Law Book in PDF and EPUB Free Download. You can read online Constitutional Glimpses Of Martial Law and write the review.

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.
Author's Foreword This book is unfinished. The Filipino people shall finish it for me. I wrote this volume very, very slowly. 1 could have done with it In three months after my defection from the conjugal dictatorship of Ferdinand and Imelda Marcos on February 20.1975. Instead, I found myself availing of every excuse to slow it down. A close associate, Marcelino P. Sarmiento, even warned me, "Baka mapanis 'yan." (Your book could become stale.)While I availed of almost any excuse not to finish the manuscript of this volume, I felt the tangible voices of a muted people back home in the Philippines beckoning to me from across the vast Pacific Ocean. In whichever way I turned, I was confronted by the distraught images of the Filipino multitudes cryingout to me to finish this work, lest the frailty of human memory -- or any incident a la Nalundasan - consign to oblivion the matters I had in mind to form the vital parts of this book. It was as if the Filipino multitudes and history itself were surging in an endless wave presenting a compelling demand on me toSan Francisco, California perpetuate the personal knowledge I have gained on the infamous machinations of Ferdinand E. Marcos and his overly ambitious wife, Imelda, that led to a day of infamy in my country, that Black Friday on September 22, 1972, when martial law was declared as a means to establish history's first conjugal dictatorship. The sense of urgency in finishing this work was also goaded by the thought that Marcos does not have eternal life and that the Filipino people are of unimaginable forgiving posture. I thought that, if I did not perpetuate this work for posterity, Marcos might unduly benefit from a Laurelian statement that, when a man dies, the virtues of his past are magnified and his faults are reduced to molehills. This is a book for which so much has been offered and done by Marcos and his minions so that it would never see the light of print. Now that it is off the press. I entertain greater fear that so much more will be done to prevent its circulation, not only in the Philippines but also in the United States.But this work now belongs to history. Let it speak for itself in the context of developments within the coming months or years. Although it finds great relevance in the present life of the present life of the Filipinos and of Americans interested in the study of subversion of democratic governments by apparently legal means, this work seeks to find its proper niche in history which mustinevitably render its judgment on the seizure of government power from the people by a lame duck Philippine President.If I had finished this work immediately after my defection from the totalitarian regime of Ferdinand and Imelda, or after the vicious campaign of the dictatorship to vilify me in July-August. 1975, then I could have done so only in anger. Anger did influence my production of certain portions of the manu-script. However, as I put the finishing touches to my work, I found myself expurgating it of the personal venom, the virulence and intemperate language of my original draft.Some of the materials that went into this work had been of public knowledge in the Philippines. If I had used them, it was with the intention of utilizing them as links to heretofore unrevealed facets of the various ruses that Marcos employed to establish his dictatorship.Now, I have kept faith with the Filipino people. I have kept my rendezvous with history. I have, with this work, discharged my obligation to myself, my profession of journalism, my family and my country.I had one other compelling reason for coming out with this work at the great risks of being uprooted from my beloved country, of forced separation from my wife and children and losing their affection, and of losing everything I have in my name in the Philippines - or losing life itself. It is that I wanted to makea public expiation for the little influence that I had . . . .(more inside)
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.