Routledge research in constitutional law Colonial and post-colonial constitutionalism in the commonwealth : peace, order and good government

Type
Book
Authors
ISBN 10
1138685070 
ISBN 13
9781138685079 
Category
United Kingdom  [ Browse Items ]
Publication Year
2016 
Publisher
Pages
xv, 245 pages 
Subject
Comparative Study 
Abstract
"The peace, order and good government clause (POGG) clause is found in the constitutions of almost all Commonwealth countries. It remains uncertain when clause was first introduced into Commonwealth constitutionalism but it has been noted that Colonial Governors had been given the powers as far back as 1673. The clause has since played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. The origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism which ought to be critically interrogated in an age of human rights, liberty and democratisation. This book is the first full length analysis the various dimensions of the peace, order and good government clause. Offering unique insights into comparative constitutionalism during both the colonial and post-colonial eras. It traces the history, politics, uses and arguably, abuses of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry that examines its statutory, political and more importantly, constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The inquiry shows that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It argues that while the clause is not completely devoid of some positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid"-- Provided by publisher. "The peace, order and good government clause (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when set against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. The book will be of interest to students and academics of public law, human rights law, and comparative politics"-- Provided by publisher. 
Description
Contents:
Peace, Order and Good Government : Origin, development and meaning of a power -- Canada : Federalism, and the country of 'Peace, Order and Good Government' -- Peace, Order and Good Government in Australia : Of legalism and parliamentary sovereignty -- Adventures in Power : Federalism and peace, order and good government in Nigeria -- Empire All Over Again : Peace, order and good government in the United Kingdom and its territories -- Law, Politics and Peace Order and Good Government :The Case for Change. 
Biblio Notes
Includes bibliographical references and index.  
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