Emergency Powers and the Courts in India and Pakistan

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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 ...

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Emergency Powers and the Courts in India and Pakistan
2002, Brill - Nijhoff

ISBN-13: 9789041117755

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