This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.

The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.

How do we maintain core values and rights when governments impose restrictive measures on our lives? Declaring a state of emergency is the best way to protect public health in a pandemic but how do these powers differ from those for national security and economic crises? This book explores how human rights, democracy and the rule of law can be protected during a pandemic and how emergency powers can best be ended once it wanes. Written by an expert on constitutional law and human rights, this accessible book will shape how governments, opposition, courts and society as a whole view future pandemic emergency powers.

First published by Methuen in the 1980s Volume I: The Rise of Collectivism: This volume establishes the central theme that the most important feature of British political life since the nineteenth century has been the extension of the role of government at all levels. Volume II: The Ideological Heritage: The second volume reviews the development of the three main political ideologies in British politics: Conservatism, Liberalism and Socialism, with special reference to the ways in which they have affected or responded to the rise of collectivism. Volumes III and IV: A Much-Governed Nation Parts 1 and 2: Examining the way in which our political arrangements have been adapted and extended to deal with the wider range of responsibilities thrust upon them, these two volumes also describe the changes in the main traditional institutions (Local government, the Civil Service, the Cabinet, Parliament etc) as they deal with the growth of the state, as well as looking at the increased use of delegated legislation and administrative tribunals.

This book shines a spotlight on the way in which parliamentary scrutiny of regulations provides the primary support for democratic legitimacy for regulations in the UK and Australia. This democratic safeguard is supplemented by public consultation processes. Despite commonly expressed concerns that regulation-making is secretive and undemocratic, it can be recognised to be a democratically sound and important feature of modern law. There are, however, modern practices that remove or limit these safeguards on regulation-making, raising concerns about executive aggrandisement. This book has two aims. The first is to explain the systems of parliamentary scrutiny in the UK and Australia and their historical development. The development of parliamentary checks on regulation-making through the 20th century established the primary basis for the democratic legitimacy of regulations. The second aim is to examine recent developments in regulation-making that avoid or minimise this safeguard. Constitutional changes in the UK, transnational regulation, and emergencies such as the COVID-19 pandemic have affected regulation-making in a manner that avoids or minimises the parliamentary checks that were carefully developed and implemented in the 20th century. The book contributes to public law in the UK and Australia by analysing recent developments that involve executive over-reach, with reference to the historical development of parliamentary checks on regulation-making.

This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives. The authors examine the interface between law and violent crises through history and across jurisdictions.

During the Second World War, just under 2000 British citizens were detained without charge, trial or term set, under Regulation 18B of the wartime Defence Regulations. This book provides a comprehensive study of Regulation 18B and its precursor in the First World War, Regulation 14B.