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Emergency regimes in contemporary democracies

Thesis (LLD)--University of Pretoria, 2014.

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Other Authors: Van Marle, Karin
Format: Thesis
Language:English
Published: University of Pretoria 2015
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access_status_str Open Access
author2 Van Marle, Karin
author_browse Van Marle, Karin
author_facet Van Marle, Karin
collection Thesis
dc_rights_str_mv © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Thesis (LLD)--University of Pretoria, 2014.
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:38:21.763Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2015
publishDateRange 2015
publishDateSort 2015
publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/45948 Emergency regimes in contemporary democracies Van Marle, Karin Kamdem Kamga, Gerard Emmanuel UCTD Rule of law State of emergency State of exception Violence Colonialism Thesis (LLD)--University of Pretoria, 2014. Emergency regimes as a legacy of French colonialism in Cameroon remain a key instrument to legalising strategies of control and subjugation of people. Officials in the country have been relying on these regimes not to save the state from a potential threat of war or invasion but to deny a fair democratic game, eliminate political opponents and keep control of power, people and resources. The core arguments of the present study devoted to emergency regimes in contemporary democracies with strong emphasis on Cameroon lies in its conceptual framing which is a clear contextualisation of the problem of the exception in the colonial period. In elucidating the situation in Cameroon, the study hilights how the permanent recourse to emergency regimes within the colony was central to Europeans’ tactics in their strategies of control and domination of colonised people. Starting with detailed historical analysis grounded on colonial and postcolonial experiences in Cameroon (and even Algeria), the study attempts to shift the understanding of the theories on the exception and sovereign violence by placing contemporary legal and philosophical debates on the exception in the context in which they originally emerged, a means of legitimating the subjugation of colonised peoples. More specifically, the thesis shows how the country’s colonial past strongly influences the current state’s structures through a basic reliance on emergency measures which became normalised to a point where law’s force has been reduced to the zero point of its own content. The draconian measures have been routinised and have successfully moved from the exceptional sphere to that of the normality. Additionally, patterns of rule by ordinance and decree were put in place in the early ‘post-independence’ period, and have now become the norm in Cameroon. As consequences, the process matters of justice are reduced to bare legal force, and in that process the legitimacy of both state and law are compromised, rendering subjects politically jaundiced and demoralised. The net effect of such developments appears to be detrimental to the very foundation of the state which is then subject to a process of disintegration. tm2015 Jurisprudence LLD Unrestricted 2015-07-02T11:06:09Z 2015-07-02T11:06:09Z 2015/04/16 2014 Thesis Kamdem Kamga, GE 2014, Emergency regimes in contemporary democracies, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/45948> A2015 http://hdl.handle.net/2263/45948 en © 2015 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Rule of law
State of emergency
State of exception
Violence
Colonialism
Emergency regimes in contemporary democracies
title Emergency regimes in contemporary democracies
title_full Emergency regimes in contemporary democracies
title_fullStr Emergency regimes in contemporary democracies
title_full_unstemmed Emergency regimes in contemporary democracies
title_short Emergency regimes in contemporary democracies
title_sort emergency regimes in contemporary democracies
topic UCTD
Rule of law
State of emergency
State of exception
Violence
Colonialism
url http://hdl.handle.net/2263/45948