insurrection act vs martial law difference

#Insurrection act vs martial law difference crack

Inevitably, imperial rule was met with local resistance, though naturally the forms of that resistance varied from place to place and time to time. One thing is clear however-the history of these measures cannot be recounted without considering the history of global empire.

When, where, how and why did these techniques of repression arise, and how did they develop over time? The history of such measures is, needless to say, complex. Limitations on and the use of excessive force against assemblies 4Ĭontrols on the press and trials of those mounting public criticisms on charges of sedition or libel 5Īnd sharp limits to the formation and operation of civil society associations. The imposition of collective punishments 3 Among the repressive techniques encountered are declarations of states of emergency, often accompanied by the use of special and military tribunals 1Ī reliance upon over-militarized security services, generally operating with impunity 2 Far from conflicting with the rule of law, this development represented the form in which the expansion of the rule of law primarily occurred-serving to entrench and legitimize the repressive practices in question.Īcross the former British Empire, human rights advocates encounter similar modes of rights violations in country after country. While, over time, the deployment of increasingly legalized and formalized approaches may have played a positive role insofar as they served to soften and displace the potential for more direct violence, enabled by declarations of martial law, such developments came at the cost of the incorporation of much of the repressive approach employed in contexts of emergency rule into everyday legality. Along the way, the Article considers the big picture significance of such developments relative to the nature of the rule of law. In the second Part, the Article examines the manner in which the approaches developed in Ireland were exported to other parts of the empire, in particular to India, South Africa, and Nigeria, over the course of the late nineteenth and early twentieth centuries. In the first Part, the Article explores the manner in which, over the course of the nineteenth century, the British deployed various different legal and institutional approaches in response to an Irish polity that consistently refused to submit to British authority.

#Insurrection act vs martial law difference crack

Why are contemporary laws and techniques that state authorities use to crack down on political dissent so similar across countries? This Article argues that at least part of the answer may be found by turning to colonial history.