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The fundamental premise of this study is that where Constitutions, such as that of India and Pakistan, articulate legal norms which limit the scope of the executive power to derogate from individual rights during states of emergency, there must likewise exist an effective control mechanism to ensure that the Executive acts within the scope of that power. Viewed from this perspective, the judicial power to interpret the Constitution imposes upon the Court the constitutional duty to provide adequate safeguards against the abuse of state power affecting individual rights. This power remains available notwithstanding the presumed or purported ouster of judicial review. The concept of judicial review as a source of control is examined in the light of the experience of Pakistan and India during periods of constitutional emergency. The divergent approaches of the Courts in these countries, in litigation concerning emergency powers and individual rights, are explained in terms of divergent views that these Courts have adopted with respect to the nature of judicial review.
The extension to other Realms of the reserve power to refuse a dissolution
Through a detailed historical and empirical account of post-independence years, this book offers a new assessment of the role of the judiciary in Pakistani politics. Instead of seeing the judiciary as helpless or struggling against an authoritarian state, it argues that the judiciary has been a crucial link in the creation of state and political inequality in Pakistan. This rubs against the central role given to the judiciary in developing countries to fix the ‘corrupt politicians and stubborn bureaucracies’ in the World Bank’s ‘Good Governance’ paradigm and rule of law initiatives. It also challenges the contemporary legal and judicial discourse that extols the virtues of Public Interest Litigation. While the book’s core analysis is a critique of the contemporary liberal legal project, it also adds to the critical tradition of social theory by linking political economy to a social theory of law. The theoretical aspect of the study is applicable to any developing society whose judiciary is going through foreign-sponsored ‘rule of law’ judicial reforms.
This book sheds light on the recent research directions in intelligent systems and their applications. It involves two main themes, including management information systems and advances in information security and networking. The discussion of the most recent designs, advancements, and modifications of intelligent systems, as well as their applications, is a key component of the chapters contributed to the aforementioned subjects.
Futuristic Sustainable Energy and Technology provides a structured overview of the concept of Futuristic Sustainable Energy and Technology. It also explores the promotion of the sustainable development of renewable energy from the perspectives of technology, modelling, application, sustainability and policy. This book is dedicated to the advancement of energy efficiency to mitigate consumption, ensure and replenish, expand and reuse elective energy supplies, and to replicate the damage caused by previous energy initiatives. This book has offered a large stage of experimentation for practitioners, experts, researchers and teachers to incorporate and analyze their latest developments, as well as the trends and difficulties encountered and the ongoing evolution of the stage in these areas.
Since its inception in Afghanistan in the late 1980s, the Lashkar-e-Tayyaba (LeT), also known as the Jamaat-ul-Dawa (JuD), has arguably been the most threatening and disruptive terrorist organization in South Asia and beyond. While there is considerable scholarship on its history and operations, few scholars have exploited the organization's vast publications. This volume is the first scholarly effort to curate a sample of LeT's Urdu-language publications and then translate them into English for the scholarly community studying this group and related organizations. While the original texts were written and published by Dar al Andalus, which exclusively publishes LeT's books, pamphlets, posters, speeches, and other materials with the explicit intention of diffusing the group's ideology, raising funds, and cultivating volunteers for the organization, the authors hope that by rendering the group's materials more accessible, this book can contribute to the myriad efforts to combat such groups and the violence they perpetrate.
This book conceptualizes the politics of Bangladesh through an Islamic concept called ummah or the global brotherhood of Muslims. It demonstrates that, against the backdrop of geopolitics, capitalism and free flow of ideas, localization of this global religious concept at individual level, institutional level, major party platforms and state has cemented the current political condition in Bangladesh in which religiosity, religious intolerance, Islamization and extremism take place. By exploring the effects of ummah in Bangladeshi politics, this book shows how major political parties have mainstreamed political Islam in the country. The book rejects the long standing scholarly claim of religious-secular distinction in Bangladeshi politics and argues that with most Muslim-dominated states, there are no major secular parties in Bangladesh. There are only Islamic parties, which are more or less Islamic. The purely ‘rational’ domain of politics in Bangladesh is long lost, and political Islam sets the framework for politics in the country. The reason behind this logic of Bangladeshi politics is formed, contained and expanded by ummah.
Marcel Grossmann Meetings are formed to further the development of General Relativity by promoting theoretical understanding in the fields of physics, mathematics, astronomy and astrophysics and to direct future technological, observational, and experimental efforts. In these meetings are discussed recent developments in classical and quantum gravity, general relativity and relativistic astrophysics, with major emphasis on mathematical foundations and physical predictions, with the main objective of gathering scientists from diverse backgrounds for deepening the understanding of spacetime structure and reviewing the status of test-experiments for Einstein's theory of gravitation. The range o...
In “Climate Change and Environmental Hazards Related to Shipping” the editors offer an overview on the recent discussions regarding legal questions of tackling climate change and the legal instruments related to environmental problems caused by international shipping.
Develops a framework to explain shifts in judicial assertiveness towards militaries, using Pakistan as an illuminating case study.