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Article Vol. 3 No. 4 (2020) PP. 143 - 161

Comparative Analysis of Preventive Detention Laws in Different Legal Systems: A Critical Appraisal

Lead author · Corresponding
Vijay Kumar Vimal
Assistant Professor of Law at Chanakya National Law University, Patna, India
Co-author
Pawan Kumar
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Abstract

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.

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International Journal of Law Management and Humanities, Volume 3, Issue 4, Page 143 - 161
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2026
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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