By Hakeem O. Yusuf
The peace, order and reliable executive (POGG) clause is located within the constitutions of virtually all Commonwealth international locations. for the reason that its creation, the clause has performed an important function in colonial and post-colonial constitutionalism in Commonwealth jurisdictions.
This ebook is the 1st complete size research of some of the dimensions of the peace, order and solid executive clause. It argues that the origins of the POGG clause mark it out as an anachronistic function of British constitutionalism whilst noticeable opposed to a latest surroundings of human rights, liberty and democratisation. The publication strains the background, politics and functions of the clause throughout the colonial interval in Commonwealth territories so far. It offers severe overview 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 evaluate demonstrates that the POGG clause has relevance in a few major features of criminal and socio-political ordering around the Commonwealth that includes prominently within the federalism query, emergency powers and the evaluation of administrative powers. It continues that whereas the clause isn't totally without confident worth, the POGG clause has been used not just to additional the items of colonialism, but in addition authoritarianism and apartheid. This publication demands a reconsider of the present subjective method of the translation of the clause.
The booklet might be of curiosity to scholars and teachers of public legislation, human rights legislation, and comparative politics.
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Extra resources for Colonial and Post-colonial Constitutionalism in the Commonwealth: Peace, Order and Good Government (Routledge Research in Constitutional Law)
Colonial and Post-colonial Constitutionalism in the Commonwealth: Peace, Order and Good Government (Routledge Research in Constitutional Law) by Hakeem O. Yusuf