The Use Of Preventive Detention Laws In Malaysia A Case For Reform
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The Use Of Preventive Detention Laws In Malaysia A Case For Reform
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Author : M. Ehteshamul Bari
language : en
Publisher: Springer Nature
Release Date : 2020-07-07
The Use Of Preventive Detention Laws In Malaysia A Case For Reform written by M. Ehteshamul Bari and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-07 with Law categories.
This book examines the extraordinary nature of the power of preventive detention, which permits executive dispensation of the personal liberty of an individual on the mere apprehension that, if free and unfettered, he may commit acts prejudicial to national security or public order. In light of the extraordinary scope of this power, it, therefore, contends that the scope of the power should be confined to genuine emergencies threatening the life of the nation. Against the above background, this book sheds light on the fact that Article 149 of the Federal Constitution of Malaysia empowers the Parliament to enact preventive detention laws authorizing the executive branch of government to preventively detain individuals without the precondition of an emergency. Furthermore, the Constitution does not stipulate adequate safeguards for mitigating the harshness of preventive detention laws. This book makes it manifestly evident that the weaknesses of the constitutional provisions concerning preventive detention have enabled succeeding generations of executives in Malaysia to not only enact a series of preventive detention statues for arrogating to themselves wide powers concerning preventive detention but also to rely on them for arbitrarily detaining their political adversaries. Consequently, on the basis of this analysis, this book puts forward concrete recommendations for insertion in the Constitution detailed norms providing for legal limits on the wide power of the executive concerning preventive detention. The insertion of such norms would ensure the maintenance of a delicate balance between protecting national interests and, simultaneously, observing respect for an individual’s right to protection from arbitrary deprivation of liberty.This book is useful for academics and students of comparative constitutional law, human rights and Asian law. The extensive law reform analysis undertaken in this book also greatly benefits the policy makers in Malaysia and the policy makers of constitutional polities facing similar problems with the issue of circumscribing the scope of the powers concerning preventive detention.
The Constitutional Law Of Bangladesh
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Author : M Rafiqul Islam
language : en
Publisher: Springer Nature
Release Date : 2023-07-25
The Constitutional Law Of Bangladesh written by M Rafiqul Islam and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-25 with Law categories.
This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.
The Independence Of The Judiciary In Bangladesh
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Author : M. Ehteshamul Bari
language : en
Publisher: Springer Nature
Release Date : 2021-12-01
The Independence Of The Judiciary In Bangladesh written by M. Ehteshamul Bari and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-01 with Law categories.
This book highlights that an independent judiciary is indispensable for the very existence of any society based on democratic values, such as the observance of the rule of law and respect for the human rights of individuals. In order to ensure that the judiciary’s interpretation of the law is not bound by the will of the executive and that it is able to call the executive to account by protecting the life as well as liberty of the governed, it is imperative to guarantee, among other things, a transparent method of appointment and the security of tenure of the judges. Taking into account the importance of an independent judiciary in a democratic society, the framers of the Constitution of Bangladesh, 1972, following in the footsteps of the framers of the Constitutions of India and Pakistan, incorporated in the Constitution the ideal of safeguarding the independence of the judiciary as one of its basic features. This book, however, makes it manifestly evident that the key elements for realising such an ideal have not adequately been guaranteed by the Constitution. Consequently, this book sheds light on how succeeding generations of executives have sought to undermine the independence of the judiciary. Accordingly, this book puts forward recommendations for the insertion of detailed norms in the Constitution of Bangladesh for establishing the best means for excluding patronage appointments to the bench and for guaranteeing the security of tenure of the judges. This book asserts that the incorporation of such norms, safeguards the independence of the superior judiciary to decide cases without fear or favour. This book, therefore, seeks to address the gap that exists between the theory and practice concerning the independence of the judiciary in Bangladesh. Since no book is currently available in the market that critically examines these issues in a systematic and structured manner, this research enhances knowledge by not only identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning the method of appointment of the judges of the Supreme Court of Bangladesh but also the measures undertaken by the current Bangladeshi regime to dispense with the transparent method of removal of the judges involving a body of judicial character.
Effects Of Digitalization And Circular Economy On Sustainable Policy And Climate Change Prevention
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Author : Yıldırım, Durmuş Çağrı
language : en
Publisher: IGI Global
Release Date : 2025-06-13
Effects Of Digitalization And Circular Economy On Sustainable Policy And Climate Change Prevention written by Yıldırım, Durmuş Çağrı and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-06-13 with Science categories.
The 21st century is a digital age defined by increasing digitalization and sustainability. Digitalization addresses the scope of sustainability policies and strategies in the fight against climate change, pandemics, and the increasing need for environmental value and social welfare. As a result, the reflection of the relationship between digitalization and sustainability on circular applications brings new perspectives to policymaking. With the 2030 Sustainable Development Goals (SDGs) yet to be realized, sustainable improvements require further exploration with the help of digital solutions and technology. Effects of Digitalization and Circular Economy on Sustainable Policy and Climate Change Prevention explores various studies related to digitalization and sustainability. It examines how digitalization influences circular practices and 2030 Sustainable Development Goals. Covering topics such as health crises, rural entrepreneurship, and decentralized recycling, this book is an excellent resource for economists, sustainability activists, policymakers, business owners, researchers, academicians, and more.
Constitutional Conflicts In Contemporary Malaysia
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Author : HP Lee
language : en
Publisher: Oxford University Press
Release Date : 2017-02-09
Constitutional Conflicts In Contemporary Malaysia written by HP Lee and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-09 with Law categories.
In this book, HP Lee explores how the separation of powers doctrine in Malaysia has been adversely affected by a number of major constitutional conflicts among the various important organs of government. The author first analyses the struggle by parliament for supremacy over the Malay Rulers or Sultans by expunging the need for the royal assent to the enactment of legislation and removing royal immunities. Lee then turns to the contemporary role of the Malay Rulers and the reasons for the perceived rejuvenation of these Malay Rulers. The book goes on to examine the series of controversies and scandals which have plagued the judiciary since the tumultuous judiciary crisis of 1988, and the efficacy of the reforms which have been introduced to restore public confidence in the judiciary. These conflicts and a number of statutory enactments are analysed to determine their impact on the state of constitutionalism in Malaysia. The book concludes with the author's thoughts on the trajectory of constitutional development in Malaysia.
Preventive Detention And Security Law
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Author : Andrew Harding
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1993-10-19
Preventive Detention And Security Law written by Andrew Harding and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993-10-19 with Law categories.
1974.
Global Anti Terrorism Law And Policy
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Author : Victor V. Ramraj
language : en
Publisher: Cambridge University Press
Release Date : 2009-04-09
Global Anti Terrorism Law And Policy written by Victor V. Ramraj and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-09 with Law categories.
All indications are that the prevention of terrorism will be one of the major tasks of governments and regional and international organisations for some time to come. In response to the globalised nature of terrorism, anti-terrorism law and policy have become matters of global concern. Anti-terrorism law crosses boundaries between states and between domestic, regional and international law. They also cross traditional disciplinary boundaries between administrative, constitutional, criminal, immigration and military law, and the law of war. This collection is designed to contribute to the growing field of comparative and international studies of anti-terrorism law and policy. A particular feature of this collection is the combination of chapters that focus on a particular country or region in the Americas, Europe, Africa, and Asia, and overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy, including international, constitutional, immigration, privacy, maritime, aviation and financial law.
The Global Decline Of The Mandatory Death Penalty
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Author : Andrew Novak
language : en
Publisher: Routledge
Release Date : 2016-03-16
The Global Decline Of The Mandatory Death Penalty written by Andrew Novak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-16 with Political Science categories.
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
Law Government And The Constitution In Malaysia
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Author : Andrew Harding
language : en
Publisher: BRILL
Release Date : 2024-01-22
Law Government And The Constitution In Malaysia written by Andrew Harding and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-22 with Law categories.
This book aims to give a comprehensive picture of law, government and the constitution in Malaysia, and to set constitutional developments in their proper political and social context. It is written in such a way that lawyers may see how perspectives other than the purely legal can enrich the understanding of constitutional issues in Malaysia and that others may comprehend the lawyer's perspective on these issues. There has been an increasing interest in constitutional issues in Malaysia since the mid-1980s following a number of important events, including the advent of judicial activism and the curtailment of royal powers. There is now a pressing need for a reappraisal of the Malaysian constitution in terms of its political and social dimensions and dynamics, and the extent of its adherence to, or its interpretation of, those principles which are collectively known as `constitutionalism', that is, democratic government, the rule of law, the separation of powers, and the observance of fundamental human rights and liberties. The book examines how the constitution has adjusted to its environment, how it actually operates and how its abstractions differ from reality. The author concludes that the principles of the constitution have been eroded to such a degree that a new constitutional settlement is needed - one which makes it clear what the basic tenets of the Malaysian polity are.
Preventive Detention Laws Of India
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Author :
language : en
Publisher:
Release Date : 2023
Preventive Detention Laws Of India written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with categories.