Download or read book An Independent Colonial Judiciary written by Abhinav Chandrachud and published by Oxford University Press. This book was released on 2015-05-28 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2012, the Bombay High Court celebrated the 150th year of its existence. As one of three high courts first set up in colonial India in 1862, it functioned as a court of original and appellate jurisdiction during the British Raj for over 80 years, occupying the topmost rung of the judicial hierarchy in the all-important Bombay Presidency. Yet, remarkably little is known of how the court functioned during the colonial era. The historiography of the court is quite literally anecdotal. The most well known books written on the history of the court focus on humorous (at times, possibly apocryphal) stories about 'eminent' judges and 'great' lawyers, bordering on hagiography. Examining the backgrounds and lives of the 83 judges-Britons and Indians-who served on the Bombay High Court during the colonial era, and by exploring the court's colonial past, this book attempts to understand why British colonial institutions like the Bombay High Court flourished even after India became independent. In the process, this book will attempt to unravel complex changes which took place in Indian society, the legal profession, the law, and the legal culture during the colonial era.
Download or read book An Independent Colonial Judiciary written by Abhinav Chandrachud and published by . This book was released on 2014 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Distinct Judicial Power written by Scott Douglas Gerber and published by Oxford University Press. This book was released on 2011-01-10 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787, by Scott Douglas Gerber, provides the first comprehensive critical analysis of the origins of judicial independence in the United States. Part I examines the political theory of an independent judiciary. Gerber begins chapter 1 by tracing the intellectual origins of a distinct judicial power from Aristotle's theory of a mixed constitution to John Adams's modifications of Montesquieu. Chapter 2 describes the debates during the framing and ratification of the federal Constitution regarding the independence of the federal judiciary. Part II, the bulk of the book, chronicles how each of the original thirteen states and their colonial antecedents treated their respective judiciaries. This portion, presented in thirteen separate chapters, brings together a wealth of information (charters, instructions, statutes, etc.) about the judicial power between 1606 and 1787, and sometimes beyond. Part III, the concluding segment, explores the influence the colonial and early state experiences had on the federal model that followed and on the nature of the regime itself. It explains how the political theory of an independent judiciary examined in Part I, and the various experiences of the original thirteen states and their colonial antecedents chronicled in Part II, culminated in Article III of the U.S. Constitution. It also explains how the principle of judicial independence embodied by Article III made the doctrine of judicial review possible, and committed that doctrine to the protection of individual rights.
Download or read book A Distinct Judicial Power written by Scott Douglas Gerber and published by Oxford University Press. This book was released on 2011-05-05 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides a comprehensive critical analysis of the origins of judicial independence in the United States. The book examines the political theory of an independent judiciary and chronicles how each of the original 13 states and their colonial antecedents treated their respective judiciaries.
Download or read book The Rule of Law and Emergency in Colonial India written by Haruki Inagaki and published by Palgrave Macmillan. This book was released on 2022-10-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a closer look at colonial despotism in early nineteenth-century India and argues that it resulted from Indians’ forum shopping, the legal practice which resulted in jurisdictional jockeying between an executive, the East India Company, and a judiciary, the King’s Court. Focusing on the collisions that took place in Bombay during the 1820s, the book analyses how Indians of various descriptions—peasants, revenue defaulters, government employees, merchants, chiefs, and princes—used the court to challenge the government (and vice versa) and demonstrates the mechanism through which the lawcourt hindered the government’s indirect rule, which relied on local Indian rulers in newly conquered territories. The author concludes that existing political anxiety justified the East India Company’s attempt to curtail the power of the court and strengthen their own power to intervene in emergencies through the renewal of the company’s charter in 1834. An insightful read for those researching Indian history and judicial politics, this book engages with an understudied period of British rule in India, where the royal courts emerged as sites of conflict between the East India Company and a variety of Indian powers.
Download or read book The People s Courts written by Jed Handelsman Shugerman and published by Harvard University Press. This book was released on 2012-02-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, almost 90 percent of state judges have to run in popular elections to remain on the bench. In the past decade, this peculiarly American institution has produced vicious multi-million-dollar political election campaigns and high-profile allegations of judicial bias and misconduct. The People’s Courts traces the history of judicial elections and Americans’ quest for an independent judiciary—one that would ensure fairness for all before the law—from the colonial era to the present. In the aftermath of economic disaster, nineteenth-century reformers embraced popular elections as a way to make politically appointed judges less susceptible to partisan patronage and more independent of the legislative and executive branches of government. This effort to reinforce the separation of powers and limit government succeeded in many ways, but it created new threats to judicial independence and provoked further calls for reform. Merit selection emerged as the most promising means of reducing partisan and financial influence from judicial selection. It too, however, proved vulnerable to pressure from party politics and special interest groups. Yet, as Shugerman concludes, it still has more potential for protecting judicial independence than either political appointment or popular election. The People’s Courts shows how Americans have been deeply committed to judicial independence, but that commitment has also been manipulated by special interests. By understanding our history of judicial selection, we can better protect and preserve the independence of judges from political and partisan influence.
Download or read book The Informal Constitution written by Abhinav Chandrachud and published by Oxford University Press. This book was released on 2020-11-30 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
Download or read book Colonial Justice in Virginia written by George Lewis Chumbley and published by . This book was released on 1938 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Custom in Korea written by Marie Seong-Hak Kim and published by Cambridge University Press. This book was released on 2012-08-27 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods. This is the first book in English that comprehensively studies Korean legal history in comparison with European legal history, with particular emphasis on customary law. Korea's passage to Romano-German civil law under Japanese rule marked a drastic departure from its indigenous legal tradition. The transplantation of modern civil law in Korea was facilitated by Japanese colonial jurists who created a Korean customary law; this constructed customary law served as an intermediary regime between tradition and the demands of modern law. The transformation of Korean law by the forces of Westernisation points to new interpretations of colonial history and presents an intriguing case for investigating the spread of law on a global level. In-depth discussions of French customary law and Japanese legal history also provide a solid conceptual framework suitable for comparing European and East Asian legal traditions.
Download or read book Supreme Court of India written by George H. Gadbois and published by Oxford University Press. This book was released on 2018-01-25 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading expert on Indian judiciary, George Gadbois offers a compelling biography of the Supreme Court of India, a powerful institution. Written and researched when he was a graduate student in the 1960s, this book provides the first comprehensive account of the Court’s foundation and early years. Gadbois opens with Hari Singh Gour’s proposal in 1921 to establish an indigenous ultimate court of appeal. After analyzing events preceding the Federal Court’s creation under the Government of India Act, 1935, Gadbois explores the Court’s largely overlooked role and record. He goes on to discuss the Constituent Assembly’s debates about Indian judiciary and the Supreme Court’s powers and jurisdiction under the Constitution. He pays particular attention to the history and practice of judicial appointments in India. In the book’s later chapters, Gadbois assesses the functioning of the Supreme Court during its first decade and a half. He critically analyzes its first decisions on free speech, equality and reservations, preventive detention, and the right to property. The book is an institutional tour de force beginning with the Federal Court’s establishment in December 1937, through the Supreme Court’s inauguration in January 1950, and until the death of Jawaharlal Nehru in May 1964.
Download or read book The Supreme Court of Pennsylvania written by John J. Hare and published by Penn State Press. This book was released on 2018-01-24 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established in 1684, over a century before the Commonwealth, Pennsylvania’s Supreme Court is the oldest appellate court in North America. This balanced, comprehensive history of the Court examines over three centuries of legal proceedings and cases before the body, the controversies and conflicts with which it dealt, and the impact of its decisions and of the case law its justices created Introduced by constitutional scholar Ken Gormley, this volume describes the Supreme Court’s structure and powers and focuses at length on the Court’s work in deciding notable cases of constitutional law, civil rights, torts, criminal law, labor law, and administrative law. Through three sections, “The Structure and Powers of the Supreme Court,” “Decisional Law of the Supreme Court,” and “Reporting Supreme Court Decisions,” the contributors address the many ways in which the Court and its justices have shaped life and law in Pennsylvania and beyond. They consider how it has adjudicated new and complex issues arising from some of the most notable events and tragedies in American history, including the struggle for religious liberty in colonial Pennsylvania, the Revolutionary War, slavery, the Johnstown Flood, the Homestead Steel Strike and other labor conflicts, both World Wars, and, more recently, the dramatic rise of criminal procedural rights and the expansion of tort law. Featuring an afterword by Chief Justice Saylor and essays by leading jurists, deans, law and history professors, and practicing attorneys, this fair-minded assessment of the Court is destined to become a criterion volume for lawmakers, scholars, and anyone interested in legal history in the Keystone State and the United States.
Download or read book The Dutch Empire between Ideas and Practice 1600 2000 written by René Koekkoek and published by Springer Nature. This book was released on 2019-11-18 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the intellectual history of the Dutch Empire from a long-term and global perspective, analysing how ideas and visions of empire took shape in imperial practice from the seventeenth century to the present day. Through a series of case studies, the volume critically unearths deep-rooted conceptions of Dutch imperial exceptionalism and shows how visions of imperial rule were developed in metropolitan and colonial contexts and practices. Topics include the founding of the Dutch chartered companies for colonial trade, the development of commercial and global visions of empire in Europe and Asia, the continuities and ruptures in imperial ideas and practices around 1800, and the practical making of empire in colonial court rooms and radio broadcasting. Demonstrating the relevance of a long-term approach to the Dutch Empire, the volume showcases how the intellectual history of empire can provide fresh light on postcolonial repercussions of empire and imperial rule. Chapter 1, Chapter 3, Chapter 7 and Chapter 8 of this book are available open access under a CC BY 4.0 license at link.springer.com.
Download or read book Colonial Justice and Decolonization in the High Court of Tanzania 1920 1971 written by Ellen R. Feingold and published by Springer. This book was released on 2018-02-09 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.
Download or read book Justice Versus Judiciary written by Sudhanshu Ranjan and published by Oxford University Press, USA. This book was released on 2019-07-12 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: There can be no dispute that the judges of the high courts and the Supreme Court of India wield tremendous powers. However, power comes with a price which bestows huge responsibility and calls for strict adherence to dos and don'ts. This book builds upon this narrative and advocates that judges must be made accountable not only in respect of their personal conduct and integrity, but also in respect of the judicial verdicts they deliver. The work emphasizes that the need for judicial accountability has increased in recent times as the judiciary is, nowadays, performing not only judicial functions, but virtually executive functions also, for which the government is accountable to the people. The author, in particular, critically discusses Articles 141, 142, and 144, which make the Supreme Court the most powerful institution in the country, and Articles 32 and 136, which also confer wide powers on it. Using these powers, the apex court sometimes, unmindful of the budgetary and other vital implications, passes orders which are simply not implementable. For example, the intervention of the Supreme Court in the matter of the interlinking of rivers, a policy decision which falls clearly in the domain of the Executive. The book advocates the need for judicial accountability to save the institutions of justice from turning autocratic and narcissistic.
Download or read book The Judicial and Civil History of Connecticut written by Dwight Loomis and published by . This book was released on 1895 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asia Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.
Download or read book Asian Courts in Context written by Jiunn-rong Yeh and published by Cambridge University Press. This book was released on 2015 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.
