Comparative Analysis of Preventive Detention Laws in Different Legal Systems: A Critical Appraisal
Assistant Professor of Law, Chanakya National Law University, Patna, India
Legal Researcher, Delhi, India
Volume III, Issue IV, 2020
Indian parliament and parliaments of different countries have passed a variety of a typical measures intended at countering terrorism. In this article, I would analyse these major security legislations commonly known as preventive detention laws of India and few other countries and what has ensued from it, i.e. the departure of this action to new contexts in the states and territories. This has occurred to the point that this course, once considered extreme, has now become a conventional feature of the constitutional and criminal justice system, and has in turn given rise to even more stringent legal measures. This article explores the dynamic by which once exceptional measures has now become normalised in many legal systems of the world and then extended to new extremes and the ramifications that come with it. I attempt to examine the ways in which these security laws depart from the general constitutional and criminal law standards including procedures and contend that the usual constitutional limits on the governments have failed to bridle the executive’s power and actions.