The Law of Emergency Powers : Comparative Common Law Perspectives

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 Law

iii. 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 Proclaimer

b. 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 tribunals

viii. 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 Use

ii. 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 Opinion

iii. 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 States

i. The National Guard

ii.