Publisher: Routledge (February 13, 2014)
Format: PDF / Kindle / ePub
Size: 8.9 MB
Downloadable formats: PDF
The peace, order and stable govt (POGG) clause is located within the constitutions of just about all Commonwealth nations. considering the fact that its advent, the clause has performed an important position in colonial and post-colonial constitutionalism in Commonwealth jurisdictions.This booklet is the 1st complete size research of a number of the dimensions of the peace, order and strong executive clause. It argues that the origins of the POGG clause mark it out as an anachronistic characteristic of British constitutionalism whilst visible opposed to a latest atmosphere of human rights, liberty and democratisation. The publication lines the background, politics and functions of the clause during the colonial interval in Commonwealth territories so far. It presents severe evaluate of the POGG clause in a cross-continental enquiry, reading statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the uk. The review demonstrates that the POGG clause has relevance in a couple of major features of felony and socio-political ordering around the Commonwealth that includes prominently within the federalism query, emergency powers and the assessment of administrative powers. It continues that whereas the clause isn't solely without confident price, the POGG clause has been used not just to additional the gadgets of colonialism, but additionally authoritarianism and apartheid. This ebook demands a reconsider of the present subjective method of the translation of the clause. The booklet may be of curiosity to scholars and teachers of public legislation, human rights legislations, and comparative politics.