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Books > Law > International law > Public international law > International human rights law
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Colonial and Post-colonial Constitutionalism in the Commonwealth - Peace, Order and Good Government (Paperback)
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Colonial and Post-colonial Constitutionalism in the Commonwealth - Peace, Order and Good Government (Paperback)
Series: Routledge Research in Constitutional Law
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The peace, order and good government (POGG) clause is found in the
constitutions of almost all Commonwealth countries. Since its
introduction, the clause has played a significant role in colonial
and post-colonial constitutionalism in Commonwealth jurisdictions.
This book is the first full length analysis of the various
dimensions of the peace, order and good government clause. It
argues that the origins of the POGG clause mark it out as an
anachronistic feature of British constitutionalism when seen
against a modern setting of human rights, liberty and
democratisation. The book traces the history, politics and
applications of the clause through the colonial period in
Commonwealth territories to date. It provides critical evaluation
of the POGG clause in a cross-continental enquiry, examining
statutory, political and constitutional deployment in Australia,
Canada, India, Nigeria, South Africa and the United Kingdom. The
evaluation demonstrates that the POGG clause has relevance in a
number of significant aspects of legal and socio-political ordering
across the Commonwealth featuring prominently in the federalism
question, emergency powers and the review of administrative powers.
It maintains that while the clause is not entirely devoid of
positive value, the POGG clause has been used not only to further
the objects of colonialism, but also authoritarianism and
apartheid. This book calls for a rethink of the prevailing
subjective approach to the interpretation of the clause. The book
will be of interest to students and academics of public law, human
rights law, and comparative politics.
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