By Victor V. Ramraj, Arun K. Thiruvengadam
What's the relevance of up to date debates over emergency powers for nations located in Asia? What function does, and will, the structure play in constraining those powers? The essays during this assortment tackle those matters, drawing on emergency events in over 20 international locations in Asia as a ready-made laboratory for exploring the connection among emergency powers and constitutionalism. This quantity hence rests squarely on the intersection of 2 debates - a debate over the facility of legislation to constrain the invocation and use of emergency powers by way of the administrative in instances of trouble, and a debate over the character and viability of constitutionalism in Asia. At this intersection are primary questions about constitutionalism and the character of the trendy kingdom, questions that invite criminal, political, sociological and old research.
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Extra resources for Emergency powers in Asia : exploring the limits of legality
At 1126. Ferejohn and Pasquino, ‘The Law of the Exception’, at 235. , at 236. 28 victor v. 25 I shall not pursue this debate on the permanence of ordinary emergency powers here, except to reject the assumption that the conservative aims that Ferejohn and Pasquino attribute to the neo-Roman model are exclusive to that model. The common goal of emergency powers in the liberal-democratic tradition is precisely to ensure the continuity of the normative constitutional order; where theorists in this tradition differ is in how to do this.
Thailand’s Constitutional Court is increasingly immersed in Thai politics. Recent decisions have sided with opponents of former Prime Minister Thaksin’s party (previously Thai Rak Thai, later revived as the People’s Power Party), twice barring the party and several party members from competing in elections, most recently (in December 2008) following mass anti-government protests at Bangkok’s Suvarnabhumi airport, and once forcing the resignation of the Prime Minister on the ground that he had ‘unlawfully accepted payments to appear on television cooking shows’: see S.
For almost ten years prior to 2006, Thailand appeared to be moving into a period of relative constitutional stability. , pp. 62–7. , p. 67. Constitution of the Kingdom of Thailand, BE 2550 (24 August 2007). See A. J. Harding, ‘Emergency Powers with a Moustache: Special Powers, Military Rule and Evolving Constitutionalism in Thailand’ (Chapter 11), this volume. BE 2548 (16 July 2005). The Thai government reported these measures to the UN Security Council’s Counter-Terrorism Committee in June 2006: see S/2006/399.
Emergency powers in Asia : exploring the limits of legality by Victor V. Ramraj, Arun K. Thiruvengadam
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