SOAS Research Online

Abstract

The structural scheme of this study may be briefly explained as follows: Part I: Foundations of Personal Liberty: This part contains the Introduction and Chapter 1. The special features of the methodology of this study - the introduction of what you have called "Value jurisprudence" - has been explained with necessary particulars in the Introduction to lay the "foundations" of personal liberty. In Chapter 1 are revealed the several aspects of the "foundations" of the social and political aims and attitudes, ancient and modern, Western, Asian and African, and the embryonic, as well as the fully developed forms of Human Rights Jurisprudence manifested respectively in some important constitutional landmarks of the Eastern political system and in the International Legal System. Part II: Invasions of Personal Liberty: "Social-Security": Chapter 2 covers this part and it deals with the norms of "restraints" and "protection" associated with the concept of "Social Security", namely the protection of society. Section I deals with the "Power of Arrest" (Common Law as well as Statutory): Section II with "Preventive Justice", which includes powers to bind over and anti-recidivist measures. Part III: Invasions of Personal Liberty: "State-Security": This Part embraces Chapters 3 to 8, all dealing with "emergency provisions" - the norms of "restraints" and "protections" associated with the concept of "State Security". Chapter 3 deals with the Common Law provisions for "Necessity" and "Martial Law". In Chapter 4 are discussed the emergency legislation relating to the "Defence of the Realm" in the United Kingdom and also the relevant legislation dealing with the "Northern Ireland problem". In Chapters 5 to 8 the treatment of the topic is extended to important areas of New Commonwealth. In all cases relevant case-law is discussed in separate sections and in the New Commonwealth context, the relevant constitutional provisions are also discussed in addition to statutory provisions. Part IV: Prospects for Personal Liberty: Conclusions: In Chapter 9 Which forms this Part the prospects for personal liberty are assessed with reference to the twin aspects of the concepts - "value" and "legal" - to emphasize the operation of the "Value jurisprudence", and a plea is made for the introduction in all national legal systems of an element of "humanitarianism" to link the twin concepts to improve the prospects for personal liberty.