- Page 1 and 2: A State of Permanent Crisis Constit
- Page 3 and 4: This book is dedicated to J.S. Tiss
- Page 5 and 6: 3.
The
Neo‐Roman
Cons
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Fundamental
Rights
....
- Page 9 and 10: security has been prioritised and t
- Page 11 and 12: The year 2008 also marks the twenty
- Page 13 and 14: nationalist political ideology (mir
- Page 15 and 16: Needless to say, responsibility for
- Page 17 and 18: those who believe in the democratic
- Page 19 and 20: the exception discussed below. None
- Page 21 and 22: independence or capacity to ensure
- Page 23 and 24: einterpretation of its constitution
- Page 25 and 26: issues from comparative experience
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II THEORY
AND
PRACTIC
- Page 32 and 33: outcome in concrete cases between t
- Page 34 and 35: the cause of the greatness of so gr
- Page 36 and 37: action may not be served by a colle
- Page 38 and 39: Moreover, the function of the dicta
- Page 40 and 41: The
French
Concept
of
the
- Page 42 and 43: The
British
Concept
of
Mart
- Page 44 and 45: a particular case was necessary in
- Page 46 and 47: classiLicatory framework that enabl
- Page 48 and 49: Despite the theoretical rationale f
- Page 50 and 51: discussed above, in that in the lat
- Page 52 and 53: from Jewish law, 46 Locke’s theor
- Page 54 and 55: normality and in the exercise of or
- Page 56 and 57: yield real analytical insights abou
- Page 58 and 59: to make law because it is he who de
- Page 60 and 61: “For a legal norm to exist, a nor
- Page 62: of things that what liberals, prete
- Page 65 and 66: As we noted before, the institution
- Page 67 and 68: indirect and then rudimentary refer
- Page 69 and 70: neither deLines a state of emergenc
- Page 71 and 72: disturbances. In addition, each con
- Page 73 and 74: alarm concerns natural disasters, s
- Page 75 and 76: In comparative experience, this pri
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In the federal parliamentary system
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Termination of a state of emergency
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provision of a blanket legal overri
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well as permissible limitations, an
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so wide, that other institutional a
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on devolution, 139 whereas opponent
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This is again, a common pattern els
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themselves, which do not provide a
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historical considerations, and they
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the Roman republic itself was sabot
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Parliament has generally been ineff
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situations, it is not merely the le
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3.2.3
The
Concept
of
Mi
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absolute superiority of the values
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with wide and deep ramiLications in
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used medication in order to experie
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infringements of critical civil lib
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4.3. International Human Rights Sta
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Moreover, human rights norms during
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such as the Human Rights Committee,
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of that case in Part II, we discuss
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Emergency
Situations, the Court
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A broad conLluence of opinion about
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But as Gross and Ní Aoláin observ
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a member State; (e) that derogation
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Within these institutional constrai
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egarded as a positive mechanism of
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of the Secretary General of the Uni
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necessary, the absence of any highe
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particularly one that is as convolu
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inLluence. 222 The Committee has at
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treaty‐based international human
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“Article
4 1. In time of public
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from particular groups and constitu
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and legitimate in the circumstances
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The judicial or quasi‐judicial co
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Article 4 (3), and the obligation t
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Lanka, it should be held accountabl
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The point has often been made, with
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cogens. 247 As Oraá observes, “T
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The second type of principle establ
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Finally, it is clear from both the
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In the theoretical development of t
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government makes a declaration of e
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limited to the extent strictly requ
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language, religion or social origin
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Covenant.” 266 4.3.7
The
Prin
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this respect, States parties should
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173
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The framers of the Second Republica
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statutory framework is founded on t
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to parliamentary approval, a Procla
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empowers Parliament to add to, alte
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speciLied terrorist activity, or (c
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It is a cardinal principle of Sri L
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servants and other authorised perso
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two‐thirds majority, and accordin
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newspapers. 302 For these reasons,
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the detainee) to establish a prima
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Supreme Court was initially restrai
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public order…[sic] in terms of Ar
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in force, gives rise to several iss
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higher threshold of justiLication a
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is the principal oversight mechanis
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to the executive. 326 These have th
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5.4.4
Checks
and
Balances Th
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Certain civil and political rights,
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violations is provided for by way o
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considerations other than a princip
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ights petitions have concerned viol
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estrictions based on public order o
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and exercise, and that in exception
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The Siracusa Principles set out gen
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cornerstone of the Convention, sets
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1.4.1
The
Singarasa
Case
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further, conferred a right on indiv
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consequent incompatibility. This un
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power to it, whether constitutional
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a comprehensive schedule annexed he
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235
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as respect for human dignity regard
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239
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Habeas
Corpus
in
Emergency
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The
Socialist
Reich
Party
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Proclamations by the President, Gaz
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Restricted Use of Outboard Motors R
- Page 249 and 250:
Administration of Local Authorities
- Page 251 and 252:
Baruch Bracha (2003) ‘Checks
a
- Page 253 and 254:
George M. Dennison (1974) ‘Martia
- Page 255 and 256:
Carlo Galli (2000) ‘Carl
Schmi
- Page 257 and 258:
W.S. Holdsworth (1902) ‘Martial
- Page 259 and 260:
Karl Loewenstein (1937) ‘Militant
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P Patricia Peppin (1993) ‘Emergen
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Henry J. Steiner, ‘Individual
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Z H.M. Zafrullah (1981) Sri
Lank