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Economic Emergency Powers: A Comparative Law Perspective

Christina Binder and August Reinisch

in International Investment Law and Comparative Public Law

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199589104
eISBN:
9780191595455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199589104.003.0016
Subject:
Law, Constitutional and Administrative Law, Public International Law

The jurisprudence of investment tribunals in cases brought against Argentina in the context of the country's 2001/02 economic crisis show the potential and limits of the necessity defence as codified ... More


Habeas Corpus, Fundamental Rights, and the Executive

Judith Farbey, R. J. Sharpe, and Simon Atrill

in The Law of Habeas Corpus

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199248247
eISBN:
9780191725241
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199248247.003.0004
Subject:
Law, Criminal Law and Criminology, Constitutional and Administrative Law

This chapter examines the use of habeas corpus where the liberty of the subject is restrained on account of an order made by the executive branch of government. The central issue is the extent to ... More


The Broadening Scope of Basic Structure Review: Emergency, Legislative, and Executive Powers

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0002
Subject:
Law, Constitutional and Administrative Law

In India, the doctrine of basic structure review was developed in the context of challenges to the validity of constitutional amendments. Ordinary legislative power and executive power is subject to ... More


Democracy Denuded: The Aftermath of Kesavananda, Emergency, and Supersession of Judges

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0017
Subject:
Law, Constitutional and Administrative Law

Though Golaknath, which denied to Parliament the power to amend the Constitution so as to alter, abridge, or take away any of the fundamental rights guaranteed by Part III of the Indian Constitution ... More


Constitutionalism and the Judiciary in Bangladesh

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the role of the judiciary in Bangladesh in promoting and enforcing the principles of constitutionalism. It introduces the historical background of Bangladeshi constitutionalism ... More


The Functional Overlap of Enforcement and Implementation Tools

Stine Andersen

in The Enforcement of EU Law: The Role of the European Commission

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199645442
eISBN:
9780191749582
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199645442.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter identifies implementation measures that display functional overlap with enforcement. The aim is to discuss their characteristics and compare them to genuine enforcement powers. First, ... More


Untrodden Ground: How Presidents Interpret the Constitution

Harold H. Bruff

Published in print:
2015
Published Online:
September 2015
ISBN:
9780226211107
eISBN:
9780226211244
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226211244.001.0001
Subject:
Law, Constitutional and Administrative Law

The most important individual interpreter of the United States Constitution is the President. Presidents both direct and are directed by the stream of American history. In this book, Harold Bruff ... More


Constitutions Under Stress

András Sajó and Renáta Uitz

in The Constitution of Freedom: An Introduction to Legal Constitutionalism

Published in print:
2017
Published Online:
December 2017
ISBN:
9780198732174
eISBN:
9780191796524
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198732174.003.0012
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter examines how constitutions fare in crisis situations, under stress, with special attention to three disturbing scenarios. The classic form of lifting constitutionalism occurs under the ... More


Post-1990 Political Conflict and Identity Politics

Mara Malagodi

in Constitutional Nationalism and Legal Exclusion: Equality, Identity Politics, and Democracy in Nepal (1990-2007)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082910
eISBN:
9780199082179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082910.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter looks at political developments in Nepal following the return to democracy in 1990, focusing on the historical events through which the nation's 1990 constitutional experience unfolded ... More


The Supreme Court of Nepal

Mara Malagodi

in Constitutional Nationalism and Legal Exclusion: Equality, Identity Politics, and Democracy in Nepal (1990-2007)

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198082910
eISBN:
9780199082179
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198082910.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the Supreme Court of Nepal and examines its position and powers under the 1990 Constitution. It analyses the Court's shifting position and role through different phases of the ... More


Each for All, All for Each: Federalism, the Union, and the States

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0030
Subject:
Law, Constitutional and Administrative Law

Broadly, federalism implies the sharing of constituent, political power. India is a union of states, which by law may be reorganized by Parliament. During the subsistence of any proclamation of ... More


26 June 1975

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0015
Subject:
Law, Constitutional and Administrative Law

On June 26, 1975, Prime Minister Indira Gandhi told the nation in a radio broadcast that with Parliament not in session, the President had declared an emergency because of turmoil and incipient ... More


Closing the Circle

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0016
Subject:
Law, Constitutional and Administrative Law

After the declaration of the Emergency, months passed before long-term plans were completed. But the short-run need was clear to the Prime Minister and her associates: to protect her position and her ... More


Preparing for Constitutional Change

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0018
Subject:
Law, Constitutional and Administrative Law

The most important constitutional development of the Emergency, other than its very imposition, was the enactment of the Forty-second Amendment. Coming in November 1976, the amendment demonstrated ... More


Indira Gandhi Defeated—janata Forms a Government

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0020
Subject:
Law, Constitutional and Administrative Law

In Delhi, everyone knew that Indira Gandhi would be defeated in the elections called for March 1977 and that her son, his coterie, and his bullies would go with her. Their own feelings told them so ... More


A Nation's Progress

Granville Austin

in Working a Democratic Constitution: A History of the Indian Experience

Published in print:
2003
Published Online:
October 2012
ISBN:
9780195656107
eISBN:
9780199080397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195656107.003.0033
Subject:
Law, Constitutional and Administrative Law

During the brief fifty years that Indians have held the reins, they have governed themselves successfully against awesome odds. The seamless web woven by the Constituent Assembly into the ... More


Responsibility: The Constitution

Harold H. Bruff

in Untrodden Ground: How Presidents Interpret the Constitution

Published in print:
2015
Published Online:
September 2015
ISBN:
9780226211107
eISBN:
9780226211244
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226211244.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter considers how an eighteenth century Constitution has adapted to a twenty-first century state. In important places, the constitutional text is flexible, with room to change as conditions ... More


The UK’s Energy Security

Emre Üşenmez

in Oil and Gas Law: Current Practice & Emerging Trends

Published in print:
2010
Published Online:
May 2015
ISBN:
9781845861018
eISBN:
9781474406239
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781845861018.003.0003
Subject:
Law, Constitutional and Administrative Law

This Chapter deals with the issue of energy security in the UK. Although energy security is commonly viewed from the perspective of consumers, this Chapter distinguishes the dual identities of the UK ... More


Introduction: Responding to Government Lawlessness: What Does the Rule of Law Require?

Nasser Hussain and Austin Sarat

in When Governments Break the Law: The Rule of Law and the Prosecution of the Bush Administration

Published in print:
2010
Published Online:
March 2016
ISBN:
9780814741399
eISBN:
9780814786567
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741399.003.0001
Subject:
Law, Constitutional and Administrative Law

This book examines the contemporary debate over whether senior Bush administration officials should be investigated and prosecuted for authorizing domestic surveillance and the use of torture against ... More


Confidence, 1959–1971

Justin Collings

in Democracy's Guardians: A History of the German Federal Constitutional Court, 1951–2001

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198753377
eISBN:
9780191815003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753377.003.0002
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

Chapter 2 highlights the Court’s early contributions to the democratization and liberalization of West German society and politics. The chapter’s key case is the 1961 Television judgment, in which ... More


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