Martial Law in India, Pakistan and CeylonSpringer Netherlands, 01 հնվ, 1962 թ. - 99 էջ (i) What is Martial Law? It is difficult to define martial law, especially because of "the haze of uncertainty which envelops it. " 1 The expression is used to denote a variety of forms of government or law, such as military law governing soldiers in the service of the State, military govern ment in occupied areas, any kind of arbitrary government in which the military arm plays a dominant role, and the emergency ad ministration "which obtains in a domestic community when the military authority carries on the government, or at least some of its functions. " 2 It is in the sense indicated last that martial law is discussed in the following pages. In this sense, it is "the extension of military government to domestic areas and civil persons in case of invasion or rebellion. . . it is a suspension of normal civil government in order to restore it and has civilians for its subjects and civil areas for its loci of operation. " 3 Thus martial law has to be clearly distinguished from military law and military government, though 4 all these have common roots in history and logic. The term 'martial law' was originally applied to the law ad ministered by the court of the Marshal and the Constable of England. There are two theories about the source of the word 'martial' in the expression. One theory is that the term 'martial 1 C. Fairman, The Law of Martial Rule, page 19. 2 idem, page 30. |
From inside the book
Արդյունքներ 9–ի 1-ից 3-ը:
Էջ 63
... revolution ' Muhammad Munir , C. J. , maintained that such a revolution or a successful coup d'état was an internationally recognised legal method of changing a Constitution . " If the attempt to break the Constitution fails ...
... revolution ' Muhammad Munir , C. J. , maintained that such a revolution or a successful coup d'état was an internationally recognised legal method of changing a Constitution . " If the attempt to break the Constitution fails ...
Էջ 64
... revolutionary government and the new Constitution are , according to International Law , the legitimate government and the valid Constitution of the State . Thus a victorious revolution or a successful coup d'état is an internationally ...
... revolutionary government and the new Constitution are , according to International Law , the legitimate government and the valid Constitution of the State . Thus a victorious revolution or a successful coup d'état is an internationally ...
Էջ 65
... revolution . " This shows that all norms of the old order have been deprived of their validity by revolution and not according to the principle of legitimacy . And they have been so deprived not only de facto but also de jure . " 46 The ...
... revolution . " This shows that all norms of the old order have been deprived of their validity by revolution and not according to the principle of legitimacy . And they have been so deprived not only de facto but also de jure . " 46 The ...
Բովանդակություն
Acknowledgements | 6 |
Martial Law in India | 15 |
Martial Law in Pakistan | 42 |
Հեղինակային իրավունք | |
2 այլ բաժինները չեն ցուցադրվում
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Common terms and phrases
Act of Indemnity administration of martial appointed Asian Recorder authorised Ayub Khan Ceylon Chief Martial Law civil authorities civil courts common law court martial courts are open Criminal Procedure Crown declaration of martial empowered exercise existence Federal Legislature Government of India Governor Governor-General habeas corpus High Court ibidem idem Indemnity Ordinance India Act initiation of martial issued jurisdiction Karachi Lahore law order law was proclaimed legislative Malabar Restoration Martial Law Administrator martial law area Martial Law Indemnity Martial Law Ordinance martial law period Martial Law Regulations martial rule maximum punishment military authorities military commander Military Courts necessity October offences committed Order in Council ordinary criminal courts Panjab Parliament parliamentary person Peshawar police powers President proclamation of martial promulgated public order rebellion Restoration of Order revolution rigorous imprisonment Rossiter Section sentences passed Sessions Judge Sholapur siege special courts Special Magistrate Special Military Courts Special Tribunals summary court Thurman Arnold validity