Описание: Chapter 1 - The Concept of Emergency Powers in History and Political Thought: Greek, Roman, and Indian paradigms
I. Ideas Underlying the Concept of Emergency Powers
II. The Greek Period III. The Roman Dictatorship
i. Appointment of Dictators
ii. Limitations of Time iii. Non-Derogable Areas
iv. Other limitations
v. Some additional effects of use of emergency powers vi. The decline of the dictatorship
IV. Ancient and Medieval India
Chapter 2 - Martial Law: A Comparative Analysis of the USA, the UK, and India
I. Introduction
II. A Brief History of Martial Law
III. Martial Law in the United States
i. Military Law, Military Government and Martial Law
ii. Absolute and Qualified Martial Law & Preventive and Punitive Martial Lawiii. State of Insurrection and State of War
iv. Historical Instances of Use of Force
v. Is Martial Law Constitutional in USA?
vi. Proclamation of Martial Law
a. Identity of Proclaimerb. Nature and Content of Proclamations
c. Necessity and Effect of Proclamations
vii. Permissible consequences of Martial Law
a. Exercise of powers in absence of trial of civilians by military tribunals
b. Trials of civilians by military tribunalsviii. Suspension of the writ of Habeas Corpus
a. Martial Law and Suspension of Writ of Habeas Corpus differentiated
b. Who may suspend the writ?
IV. Martial Law in England
i. Historical Evolution and Significant Instances of Useii. Martial Law: Prerogative or Common Law?
iii. Proclamations of Martial Law
V. Martial Law in India
i. Pre-Independence Judicial Opinion
ii. Post-Independence Judicial Opinioniii. Can Martial Law be proclaimed under article 34?
An alternative view: Historical Analysis of article 34
Chapter 3 - Military Acting in Aid of Civilian Authority
I. Introduction
II. Use of Military in Situations not amounting to Martial Law in the United Statesi. The National Guard
ii.
