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Book Cover for: The Law of Emergency Powers: Comparative Common Law Perspectives, Abhishek Singhvi

The Law of Emergency Powers: Comparative Common Law Perspectives

Abhishek Singhvi

Chapter 1 - The Concept of Emergency Powers in History and Political Thought: Greek, Roman, and Indian paradigms

I. Ideas Underlying the Concept of Emergency Powers

II. The Greek Period

III. The Roman Dictatorship

i. Appointment of Dictators

ii. Limitations of Time

iii. Non-Derogable Areas

iv. Other limitations

v. Some additional effects of use of emergency powers

vi. The decline of the dictatorship

IV. Ancient and Medieval India

Chapter 2 - Martial Law: A Comparative Analysis of the USA, the UK, and India

I. Introduction

II. A Brief History of Martial Law

III. Martial Law in the United States

i. Military Law, Military Government and Martial Law

ii. Absolute and Qualified Martial Law & Preventive and Punitive Martial Law

iii. State of Insurrection and State of War

iv. Historical Instances of Use of Force

v. Is Martial Law Constitutional in USA?

vi. Proclamation of Martial Law

a. Identity of Proclaimer

b. Nature and Content of Proclamations

c. Necessity and Effect of Proclamations

vii. Permissible consequences of Martial Law

a. Exercise of powers in absence of trial of civilians by military tribunals

b. Trials of civilians by military tribunals

viii. Suspension of the writ of Habeas Corpus

a. Martial Law and Suspension of Writ of Habeas Corpus differentiated

b. Who may suspend the writ?

IV. Martial Law in England

i. Historical Evolution and Significant Instances of Use

ii. Martial Law: Prerogative or Common Law?

iii. Proclamations of Martial Law

V. Martial Law in India

i. Pre-Independence Judicial Opinion

ii. Post-Independence Judicial Opinion

iii. Can Martial Law be proclaimed under article 34?

An alternative view: Historical Analysis of article 34

Chapter 3 - Military Acting in Aid of Civilian Authority

I. Introduction

II. Use of Military in Situations not amounting to Martial Law in the United States

i. The National Guard


Book Details

  • Publisher: Springer
  • Publish Date: Nov 1st, 2021
  • Pages: 304
  • Language: English
  • Edition: 2020 -
  • Dimensions: 9.21in - 6.14in - 0.72in - 1.06lb
  • EAN: 9789811529993
  • Categories: ConstitutionalCorporateInternational

About the Author

Abhishek Manu Singhvi is an eminent jurist, senior third-term parliamentarian, visible media personality, well-known columnist, author, thinker and commentator. He was the youngest designated Senior Advocate, Supreme Court of India (at age 34); the youngest Additional Solicitor General of India (at 37); and is a former elected Vice President, Supreme Court Bar Association (at 39). He is a former Chairman of the Parliamentary Committee of Law, one of the seniormost national spokespersons of the Congress Party & former Chairman of the AICC Law and Human Rights Department. He has been a member of the Indian Supreme Court, where he created and administered bilateral legal forums, including the Indo-British, Indo-US, Indo-Canadian and Indo-Israel forums. After obtaining his B.A. (Economics) degree from St. Stephen's College, New Delhi, Dr. Singhvi went on to complete his Masters and PhD at Trinity College, Cambridge, UK. He also taught at St. John's College, Cambridge, and joined a brief summer program at Harvard, USA. He has lectured to student/faculty groups and general audiences at Stanford, Harvard, Yale, Boston, MIT and George Washington Universities, as well as NGOs and think-tanks. He was a visiting Trumbull Lecturer at Yale University, USA, in 2011 and is currently an Honorary Adjunct Professor at O.P. Jindal Global University.

Khagesh Gautam is an Associate Professor of Law and Assistant Dean (Research and Publications) at Jindal Global Law School, O.P. Jindal Global University, Sonipat, India. He received his LL.M. from Columbia Law School, where he graduated as a Stone Scholar. He teaches core courses on Constitutional Law and Evidence and elective courses on Comparative Constitutional Law and Forensic Evidence. He has also taught at the China University of Political Science and Law, Changping, Beijing, and at William S. Richardson School of Law, University of Hawaii, USA. He is also a member of the Editorial Board of the Africa Journal of Comparative Constitutional Law. His work has been published in e.g. the Columbia Journal of Asian Law, Indiana International and Comparative Law Review, Southwestern Journal of International Law, Boston University International Law Journal, Vienna Journal on International Constitutional Law, Journal of Comparative Law, International Tax Journal, and Economic and Political Weekly.

Praise for this book

"Discerning readers will find the book's combination of academic rigour, practical insight and considerable forthrightness worthy of commendation." (The Commonwealth Lawyer, Vol. 31 (1), April, 2021)