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The Law of Emergency Powers: Comparative Common Law Perspectives (in English)
Khagesh Gautam
(Author)
·
Abhishek Singhvi
(Author)
·
Springer
· Paperback
The Law of Emergency Powers: Comparative Common Law Perspectives (in English) - Singhvi, Abhishek ; Gautam, Khagesh
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Synopsis "The Law of Emergency Powers: Comparative Common Law Perspectives (in English)"
Chapter 1 - The Concept of Emergency Powers in History and Political Thought: Greek, Roman, and Indian paradigms I. Ideas Underlying the Concept of Emergency Powers II. The Greek Period III. The Roman Dictatorship i. Appointment of Dictators ii. Limitations of Time iii. Non-Derogable Areas iv. Other limitations v. Some additional effects of use of emergency powers vi. The decline of the dictatorship IV. Ancient and Medieval IndiaChapter 2 - Martial Law: A Comparative Analysis of the USA, the UK, and India I. IntroductionII. A Brief History of Martial LawIII. Martial Law in the United Statesi. Military Law, Military Government and Martial Lawii. Absolute and Qualified Martial Law & Preventive and Punitive Martial Lawiii. State of Insurrection and State of Wariv. Historical Instances of Use of Forcev. Is Martial Law Constitutional in USA?vi. Proclamation of Martial Lawa. Identity of Proclaimerb. Nature and Content of Proclamationsc. Necessity and Effect of Proclamationsvii. Permissible consequences of Martial Lawa. Exercise of powers in absence of trial of civilians by military tribunalsb. Trials of civilians by military tribunalsviii. Suspension of the writ of Habeas Corpusa. Martial Law and Suspension of Writ of Habeas Corpus differentiatedb. Who may suspend the writ?IV. Martial Law in Englandi. Historical Evolution and Significant Instances of Useii. Martial Law: Prerogative or Common Law?iii. Proclamations of Martial LawV. Martial Law in Indiai. Pre-Independence Judicial Opinionii. Post-Independence Judicial Opinioniii. Can Martial Law be proclaimed under article 34? An alternative view: Historical Analysis of article 34Chapter 3 - Military Acting in Aid of Civilian Authority I. IntroductionII. Use of Military in Situations not amounting to Martial Law in the United Statesi. The National Guardii.
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