Colonial and Post-colonial Constitutionalism in the Commonwealth
Peace, Order and Good Government
To Be Published March 15th 2014 by Routledge – 256 pages
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.
1. Introduction and History of the Peace, Order and Good Government Clause in the Commonwealth 2. Filling ‘Gaps’, Addressing (Serious) ‘National Concerns’ and ‘Emergency’ in Canada 3. Peace, Order and Good Government and Parliamentary Sovereignty in Australia 4. Jewel in the Crown- Peace, Order and Good Government in India 5. Federalism, Authoritarianism and Adventurers in Power- Peace, Order and Good Government in Nigeria 6. In the Service of Apartheid, Expulsions and Deportations - Peace, Order and Good Government in South Africa 7. Empire All Over Again- The Bancoult Litigation and Peace, Order and Good Government 8. The Case for Closer Scrutiny of Peace, Order and Good Government Clause
Hakeem Yusuf is a senior lecturer at the University of Strathclyde. His monograph, Transitional Justice, Judicial Accountability and the Rule of Law (Routledge 2010) was shortlisted for the 2011 IALT Kevin Boyle Book Prize.