By Victor V. Ramraj, Arun K. Thiruvengadam
What's the relevance of latest debates over emergency powers for international locations located in Asia? What function does, and may, the structure play in constraining those powers? The essays during this assortment tackle those concerns, drawing on emergency events in over 20 international locations in Asia as a ready-made laboratory for exploring the connection among emergency powers and constitutionalism. This quantity consequently rests squarely on the intersection of 2 debates - a debate over the power of legislation to constrain the invocation and use of emergency powers by means of the administrative in occasions of challenge, and a debate over the character and viability of constitutionalism in Asia. At this intersection are basic questions about constitutionalism and the character of the fashionable country, questions that invite criminal, political, sociological and historic research.
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Extra info for Emergency powers in Asia : exploring the limits of legality
Example text
36. B. V. E. html. 32 victor v. 40 These actions helped to quell the violence, although tensions remained heightened for many months as a political crisis continued to unfold, leading to the eventual resignation of Prime Minister Mari Alkatiri on 25 June 2006 and the revocation of the ‘crisis’ measures in late August 2006. Following presidential elections and legislative elections in May and June 2007, a second emergency occurred on 11 February 2008 when an assassination attempt was made on President Jos´e Ramos-Horta and now – Prime Minister Gusm˜ao.
Rethinking Thailand’s Southern Violence (Singapore: NUS Press, 2007). In his postscript, McCargo observes that Thaksin’s ‘deeply divisive leadership had eroded 36 victor v. ramraj As Andrew Harding observes in his contribution to this volume, concerns about the Thaksin government’s abuses of power include its ‘war on drugs’ in which an estimated ‘2,500 people, alleged drug-traffickers, died . . 63 The challenge in Thailand has been to create effective mechanisms for holding the government to account, and at the same time provide the tools needed to address security concerns in the restive south.
The atrocities committed by both sides are recounted in a Human Rights Watch report, ‘No One is Safe: Insurgent Attacks on Civilians in Thailand’s Southern Border Provinces’ (27 August 2007), vol. 19, no. org/en/reports/2007/08/27/no-one-safe. 65 Ibid. Section 184 of the Emergency Decree. See generally, A. J. Harding, ‘Buddhism, Human Rights, and Constitutional Reform in Thailand’ (2007) 2 Asian Journal of Comparative Law 1. the emergency powers paradox 37 constitutions: the 1997 Constitution, the 2006 Interim Constitution and the post-coup 2007 Constitution.
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