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States of Emergency and the Law - The Experience of Bangladesh (Hardcover)
Loot Price: R4,075
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States of Emergency and the Law - The Experience of Bangladesh (Hardcover)
Series: Comparative Constitutionalism in Muslim Majority States
Expected to ship within 12 - 17 working days
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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.
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