Martial Law in India, Pakistan and Ceylon

Nonfiction, Reference & Language, Law, International
Cover of the book Martial Law in India, Pakistan and Ceylon by Joseph Minattur, Springer Netherlands
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Joseph Minattur ISBN: 9789401192927
Publisher: Springer Netherlands Publication: December 6, 2012
Imprint: Springer Language: English
Author: Joseph Minattur
ISBN: 9789401192927
Publisher: Springer Netherlands
Publication: December 6, 2012
Imprint: Springer
Language: English

(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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

(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.

More books from Springer Netherlands

Cover of the book Aquinas’ Proofs for God’s Existence by Joseph Minattur
Cover of the book The Null Subject Parameter by Joseph Minattur
Cover of the book The Totalizing Act: Key to Husserl’s Early Philosophy by Joseph Minattur
Cover of the book Spinal Osteotomy by Joseph Minattur
Cover of the book Organ Shortage: The Solutions by Joseph Minattur
Cover of the book Reading Maimonides' Philosophy in 19th Century Germany by Joseph Minattur
Cover of the book Malabsorption in Coeliac Sprue by Joseph Minattur
Cover of the book Up from Clinical Epidemiology & EBM by Joseph Minattur
Cover of the book Clinical efficacy of positron emission tomography by Joseph Minattur
Cover of the book The Plant Family Brassicaceae by Joseph Minattur
Cover of the book Diagnosis in Andrology by Joseph Minattur
Cover of the book Methodology, Metaphysics and the History of Science by Joseph Minattur
Cover of the book Microorganisms in Sustainable Agriculture and Biotechnology by Joseph Minattur
Cover of the book Mostly in the Line of Duty by Joseph Minattur
Cover of the book Greening in the Red Zone by Joseph Minattur
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy