Download or read book Judicial Activism in Post Emergency Era written by Dr. Swapna Deka Mandrinath and published by Notion Press. This book was released on 2015-01-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Since the day the Constitution of India came into force, Judicial Activism has existed in different forms under the Constitution. Judicial Activism initiated by the higher judiciary in India has started serious debates on the Court’s undefined power to place substantive as well as procedural limits on the executive as well as the legislature. The Court’s new role to make law and give directions has been criticised as the usurpation of powers that belong to the other two organs. The Court has been defending its new role to uphold the constitutional values of protecting the human rights of the people thereby upholding the principle of Rule of Law. Through this book, Dr. Deka Swapna Manindranath analyses the legitimacy of Judicial Activism in India as well as the intrusions made by the judiciary in the name of Judicial Activism. The author argues that Judicial Activism under the Constitution has been inevitable in view of the socio-economic and political conditions of the nation as well as due to the laxity of performance on the part of the other two organs. This book will be of interest to the research scholars and students of Indian Constitutional law and Political Science, judges, lawyers and general readers interested in knowing about the phenomenon of Judicial Activism in India."
Download or read book The Indian Supreme Court and Politics written by Upendra Baxi and published by . This book was released on 1980 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Courting the People written by Anuj Bhuwania and published by Cambridge University Press. This book was released on 2017-01-16 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Studies the politics of Public Interest Litigation (PIL) in contemporary India"--Provided by publisher".
Download or read book Judicial Activism in Bangladesh written by Ridwanul Hoque and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)
Download or read book Radical Deprivation on Trial written by César A. RodrÃ-guez-Garavito and published by Cambridge University Press. This book was released on 2015-10-22 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.
Download or read book Judicial Activism written by Christopher Wolfe and published by Rowman & Littlefield. This book was released on 1997 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University
Download or read book INDIAN POLITICS written by SINGH, M. P. and published by PHI Learning Pvt. Ltd.. This book was released on 2021-03-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed as a standard text for undergraduate and postgraduate students of Political Science and also for the aspirants of Civil Services Examinations, the third edition of the book provides a thoroughly updated account of Indian politics, taking into consideration the Indian constitutional foundations and functioning of the various democratic institutions. It gives a holistic view of the political system of India that includes the State, Government (both central and state governments), the market, and the civil society, including infrastructures like the party systems in the nation and the states that are partly in the civil society and partly in the state. NEW TO THIS EDITION • All new developments in the working of the institutions of the various organs of the governments at the Union, State, and local levels in their internal as well as interactional settings. • Perspective of governance that demands attention to relationships among the governments, the civil society, and the market which have acquired a new salience since the parameter-altering economic reforms in 1991 but have suffered some reverses since 2008, a phenomenon known as slowbalization or deglobalization. • New phase in Indian politics with Narendra Modi government at the centre since 2014. TARGET AUDIENCE • B.A. (Political Science) • M.A. (Political Science) • Aspirants of Civil Services Examinations
Download or read book The Oxford Handbook of the Indian Constitution written by Sujit Choudhry and published by Oxford University Press. This book was released on 2016-05-03 with total page 1050 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.
Download or read book 151 Essays written by S C Gupta and published by Arihant Publications India limited. This book was released on 2019-06-04 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: 151, that’s Not at all the Number of Essays covered in the Bestselling Book, Penned by Renowned Author Mr. S C Gupta, 151 Essays is a Complete Guide to help students learn the art of essay writing through More than 160 Essays covering the panoramic view of topics on Contemporary, Social, Environmental, Political, Education, Economic, Science & Technology, International, Personalities, Proverbial & Idiomatic, Sports and Many More The Book starts with a focus on developing the craft of essay writing which needs detailed knowledge of the topic, discipline of mind, analytical skills to draw a conclusion, rich vocabulary to express the thoughts, grammatical accuracy and coherence of thoughts and ideas for contextual writing. The Book is divided in 2 Major Parts, the first part prepares you to know-how of the Essay Writing be it Understanding an Essay, Part of an Essay, Steps to write an effective and Interesting Essay and Essay Sketching Techniques. the Second Part Contains All the Latest and Updated Topics from all the Field of life i.e. GST, Digital India, NET Neutrality, Black Money, Drone Technology, Juvenile Justice Act 1925, Social Networking Sites, Honor Killing, Electoral Reforms and Indian Democracy, FDI Effect on Retail Stores, Role of Agriculture in Economic Reform, Indian Civil Nuclear Strategy, Terrorism In India & It’s Changing Face, Global Climate Change, Students & Politics, Right to Education, Kalpana Chawla, Narendra Modi, Sunder Pichai, IPL, Sports is it Loosing it’s Integrity, Habit- a Good Servant but a Bad Master, Communication face to face or Facebook and Many burning and Important Topics. While these are important and Critical Topics Author has put a clear and easy language to Understand, Vocab Cards to understand difficult words, Latest and Updated Data to understand actual status Essays Plays an important role in competitive exams hence it’s a must have book for all aspirants.
Download or read book Rights of Accused written by Dr. Ashutosh and published by Universal Law Publishing. This book was released on 2009 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law and Politics of Unconstitutional Constitutional Amendments in Asia written by Rehan Abeyratne and published by Routledge. This book was released on 2021-11-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
Download or read book Litigating Health Rights written by Alicia Ely Yamin and published by Harvard University Press. This book was released on 2015-04-01 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
Download or read book Nuclear Energy and Liability in South Asia written by M. P. Ram Mohan and published by Springer. This book was released on 2015-04-15 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advocates pursuing a regional approach to nuclear risk framework, which it argues is more promising in the current scenario than the non-achievable global regime. In the development of international legislation on liability, the nuclear energy sector represents an alternative approach to a transboundary liability regime. Building on this foundation and following the Chernobyl accident, international consensus was sought for a stronger transboundary legal regime in the event of a nuclear disaster. However, after sixty years of the existence of international nuclear liability laws and twenty-five years after Chernobyl, the primary objectives of the Conventions – harmonization and a global regime – remain unfulfilled. Further, many countries are now creating or expanding nuclear programs without adequate transboundary legal protection. In light of these issues, a regional approach is an option that cannot be ignored. Given its rapidly expanding nuclear energy footprint, South Asia is in a unique position to adopt a regional mechanism. The methodology adopted for the study in the book combines a literature review of international law on nuclear liability with an analysis of South Asian nuclear energy programs and their international and national legal obligations. A technical risk assessment study conducted to identify the level of transboundary nuclear risk within South Asia is also presented. This is followed by interviews with experts and policymakers to gauge the willingness of the South Asian Association for Regional Cooperation (SAARC) community to respond to this shared regional concern.
Download or read book Human Rights under State Enforced Religious Family Laws in Israel Egypt and India written by Yüksel Sezgin and published by Cambridge University Press. This book was released on 2013-08-22 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book shows how state-enforced religious laws impact human rights, and what people do to advance their rights from within.
Download or read book Democracy and Equality written by Geoffrey R. Stone and published by Oxford University Press, USA. This book was released on 2020-01-06 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can't afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation. As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court's approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describe the Warren Court's extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation's commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court's reasoning, and how the justices of the Warren Court fulfilled the Court's most important responsibilities. This powerfully argued evaluation of the Warren Court's legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court's achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court's approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.
Download or read book India After Gandhi The History of the World s Largest Democracy written by Ramachandra Guha and published by Pan Macmillan. This book was released on 2017-07-13 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ramachandra Guha’s India after Gandhi is a magisterial account of the pains, struggles, humiliations and glories of the world’s largest and least likely democracy. A riveting chronicle of the often brutal conflicts that have rocked a giant nation, and of the extraordinary individuals and institutions who held it together, it established itself as a classic when it was first published in 2007. In the last decade, India has witnessed, among other things, two general elections; the fall of the Congress and the rise of Narendra Modi; a major anti-corruption movement; more violence against women, Dalits, and religious minorities; a wave of prosperity for some but the persistence of poverty for others; comparative peace in Nagaland but greater discontent in Kashmir than ever before. This tenth anniversary edition, updated and expanded, brings the narrative up to the present. Published to coincide with seventy years of the country’s independence, this definitive history of modern India is the work of one of the world’s finest scholars at the height of his powers.
Download or read book Empire Emergency and International Law written by John Reynolds and published by Cambridge University Press. This book was released on 2017-08-10 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the states of emergency exposing the intersections between colonial law, international law, imperialism and racial discrimination.
