During the period of intense resistance to colonisation in the Subcontinent, the use of emergency powers was correctly seen as a key method used by colonial authorities to stifle incipient nationalism and independence efforts. Virtually all leaders of decolonisation movements railed against such emergency legislation and vowed to abolish it immediately upon achieving independence. Unfortunately, too many saw the value of maintaining such laws, whether in constitutional or legislative form, to cement and perpetuate their own grip on power. In this book, Dr M. Ehteshamul Bari offers a masterful account of this phenomenon, focusing mainly on Bangladesh, which has had five states of emergency imposed since independence, but also comparing and contrasting the position with other constitutional democracies. Dr Bari provides a clear and compelling analysis of the critical need to maintain the rule of law and fundamental human rights, no matter the security challenges faced by a state. In an increasingly uncertain world, I commend this very important work without reservation to jurists, legislators and policymakers.
Prof David Weisbrot AM FAAL DLitt
Chair, Australian Press Council
Former President of the Australian Law Reform Commission (1999-2009).
A wide-ranging contribution on theory of ‘states of emergency’, in constitutional law and in political practice—with detailed attention to British India, modern India, Pakistan and, particularly, Bangladesh. A ‘standard constitutional model of emergency powers’ is suggested. Dr M. Ehteshamul Bari provides an instructive analysis of how it may be possible to guard against grasping guards.
A/Professor Iain Stewart (Honorary Fellow, Macquarie Law School, Macquarie University)
Dr Bari’s work is a deep exploration of emergency powers and the rights of individuals subject to those powers in Bangladesh’s fragile democratic system. Notably, Bari situates the Bangladeshi law against a masterful analysis of comparable jurisdictions such as India and Pakistan thereby filling a gap in legal scholarship. Bari’s work is a must-read for scholars of constitutional law in South Asia and indeed anyone interested in human rights within a multi-religious societal context.
Professor Sandeep Gopalan, Pro Vice-Chancellor (Academic Innovation), Deakin University.
During the period of intense resistance to colonisation in the Subcontinent, the use of emergency powers was correctly seen as a key method used by colonial authorities to stifle incipient nationalism and independence efforts. Virtually all leaders of decolonisation movements railed against such emergency legislation and vowed to abolish it immediately upon achieving independence. Unfortunately, too many saw the value of maintaining such laws, whether in constitutional or legislative form, to cement and perpetuate their own grip on power. In this book, Dr M. Ehteshamul Bari offers a masterful account of this phenomenon, focusing mainly on Bangladesh, which has had five states of emergency imposed since independence, but also comparing and contrasting the position with other constitutional democracies. Dr Bari provides a clear and compelling analysis of the critical need to maintain the rule of law and fundamental human rights, no matter the security challenges faced by a state. In an increasingly uncertain world, I commend this very important work without reservation to jurists, legislators and policymakers.
Prof David Weisbrot AM FAAL DLitt
Chair, Australian Press Council
Former President of the Australian Law Reform Commission (1999-2009).
A wide-ranging contribution on theory of ‘states of emergency’, in constitutional law and in political practice—with detailed attention to British India, modern India, Pakistan and, particularly, Bangladesh. A ‘standard constitutional model of emergency powers’ is suggested. Dr M. Ehteshamul Bari provides an instructive analysis of how it may be possible to guard against grasping guards.
A/Professor Iain Stewart (Honorary Fellow, Macquarie Law School, Macquarie University)
Dr Bari’s work is a deep exploration of emergency powers and the rights of individuals subject to those powers in Bangladesh’s fragile democratic system. Notably, Bari situates the Bangladeshi law against a masterful analysis of comparable jurisdictions such as India and Pakistan thereby filling a gap in legal scholarship. Bari’s work is a must-read for scholars of constitutional law in South Asia and indeed anyone interested in human rights within a multi-religious societal context.
Professor Sandeep Gopalan, Pro Vice-Chancellor (Academic Innovation), Deakin University.