Abstract
Over the last fifty years, many countries, having gained independence after external colonial rule, have searched for suitable constitutional frameworks to govern their societies. The search is frequently disrupted by the usurpation of political power by the military, engendering profound constitutional crises. Because military regimes usually take power in contravention of constitutional frameworks, what is the legal validity of such regimes? Can a constitutional order survive such a blatant disregard of its provisions? What is the scope of legislative power of such regimes? These questions are not of mere academic interest. Quite often, in the wake of extra-constitutional assumptions of power, courts have had to pronounce upon these and related questions.
Recommended Citation
Mahmud, Tayyab
(1993)
"Praetorianism and Common Law in Post-
Colonial Settings: Judicial Responses
to Constitutional Breakdowns in Paidstan,"
Utah Law Review: Vol. 1993:
No.
4, Article 3.
Available at:
https://dc.law.utah.edu/ulr/vol1993/iss4/3