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What role does, and should, legal, political, and constitutional norms play in constraining emergency powers, in Asia and beyond.
The Jurisprudence of Emergency examines British rule in India from the late eighteenth to the early twentieth century, tracing tensions between the ideology of liberty and government by law used to justify the colonizing power's insistence on a regime of conquest. Nasser Hussain argues that the interaction of these competing ideologies exemplifies a conflict central to all Western legal systems—between the universal, rational operation of law on the one hand and the absolute sovereignty of the state on the other. The author uses an impressive array of historical evidence to demonstrate how questions of law and emergency shaped colonial rule, which in turn affected the development of Western legality. The pathbreaking insights developed in The Jurisprudence of Emergency reevaluate the place of colonialism in modern law by depicting the colonies as influential agents in the interpretation of Western ideas and practices. Hussain's interdisciplinary approach and subtly shaded revelations will be of interest to historians as well as scholars of legal and political theory.
An interdisciplinary work on regional integration and the rule of law in ASEAN and the emergence of a soft regulatory regime.
Honorable Mention, 2017 Yonathan Shapiro Award for Best Book in Israel Studies presented by the Association for Israel Studies Contemporary debates on states of emergency have focused on whether law can regulate emergency powers, if at all. These studies base their analyses on the premise that law and emergency are at odds with each other. In Between the Rule of Law and States of Emergency, Yoav Mehozay offers a fundamentally different approach, demonstrating that law and emergency are mutually reinforcing paradigms that compensate for each other's shortcomings. Through a careful dissection of Israel's emergency apparatus, Mehozay illustrates that the reach of Israel's emergency regime goes beyond defending the state and its people against acts of terror. In fact, that apparatus has had a far greater impact on Israel's governing system, and society as a whole, than has traditionally been understood. Mehozay pushes us to think about emergency powers beyond the "war on terror" and consider the role of emergency with regard to realms such as political economy.
This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.
Examining some of the most critical issues in Malaysian politics today, including human rights, law and democracy, gender and Islam, this book explores the contours of the contemporary landscape of Malaysian politics, focusing especially on politics among the majority ethnic Malay community. In particular, the book explains why changes in patterns of political mobilization and the rhetoric of the dominant parties - particularly the PAS and UMNO - have been so limited, despite the overt and growing dissatisfaction shown by Malaysians with the state of their political system and the ability of these parties to represent their interests. It considers the recent history of events and discourses within Malaysian society, and UMNO and PAS, and goes on to analyze why important transitions have occurred in society yet political parties have not adapted themselves to these changes and remained reticent about instituting meaningful reforms involving these matters.
Southeast Asia, an economically dynamic and strategically vital region, seemed until recently to be transiting to more democratic politics. This progress has suddenly stalled or even gone into reverse, requiring that analysts seriously rethink their expectations and theorizing. The Routledge Handbook of Southeast Asian Democratization provides the first book-length account of the reasons for democracy’s declining fortunes in the region today. Combining theory and case studies, it is structured in four major sections: Stunted Trajectories and Unhelpful Milieus Wavering Social Forces Uncertain Institutions Country cases and democratic guises This interdisciplinary reference work addresses topics including the impact of belief systems, historical records, regional and global contexts, civil society, ethnicity, women, Islam, and social media. The performance of political institutions is also assessed, and the volume offers a series of in-depth case studies, evaluating the country records of particular democratic, hybrid, and authoritarian regimes from a democratization perspective. Bringing together nearly 30 key international experts in the field, this cutting-edge Handbook offers a comprehensive and fresh investigation into democracy in the region This timely survey will be essential reading for scholars and students of Democratization and Asian Politics, as well as policymakers concerned with democracy’s setbacks in Southeast Asia and the implications for the region’s citizens.
Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.
This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).