Detail Emergency Powers and the Rule of Law in Southeast Asia (This Paper was Presented at 4th ASLI Conference at the Faculty of Law, University of Indonesia, 25-26 May 2007) Bibliografi Author: Ramraj, Victor V. Topik: counter-terrorism; terrorism Bahasa: (EN )     Penerbit: Lembaga Pengkajian Hukum International - Fakultas Hukum Universitas Indonesia     Tempat Terbit: Depok    Tahun Terbit: 2007     Jenis: Papers/Makalah - pada seminar internasional Fulltext: Victor V Ramraj_Full Paper.pdf (51.86KB; 0 download) Abstract This paper is part of a larger project on emergencies and the rule of law in Southeast Asia; the objectives of this paper are, first, to consider the reasons for the gap between the liberal-democratic discourse on emergency power and the legal and political realities of Southeast Asia, and second, to set out a research trajectory for examining the issue in greater depth. It is also to advance a tentative thesis that theorizing emergencies and the rule of law beyond the liberal democracies of the West requires that close attention be paid to the social and historical context of the legal and constitutional order, and the role that law plays in the society in question. This is not to deny the importance of theory, but to emphasize its contextual dimensions. The first part of this paper, then, provides an overview of the contemporary debate and the tensions that emerge from that debate. The second uncovers assumptions made by the participants in the debate that are problematic when that debate is transplanted to Southeast Asia. The final part of the paper considers strategies for engaging in legal theory in a way that is relevant to Southeast Asia and furthers our understanding of the rule of law (both within and beyond liberal democracies) and of the role that law and other social institutions might play in an emergency. Opini Anda Klik untuk menuliskan opini Anda tentang koleksi ini! Lihat Sejarah Pengadaan  Konversi Metadata   Kembali

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