Download or read book Legal Reasoning in Equality Interpretation An Analysis of the Indian Constitution written by Harshit Rai and published by . This book was released on 2019-08-21 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Philosophy, History and Sociology of Law, Symbiosis International University, language: English, abstract: The Following research paper deals with the Equality Interpretation in the Indian Constitution (including Constituent Assembly debates) with regard to Gender Justice and Feminism. By employing doctrinal research marked by chronological case analysis along with deductive type of reasoning it seeks to analyse the notion of Equality within the Indian Constitution and its interaction with feminist literature. It further analyses the interpretation of the courts with regard to Equality provisions within the Constitution and whether these interpretations advance Gender Justice. It finally deals with the Interaction of Indian scenario with CEDAW and enlists the findings that arise after all the aforementioned analysis. The meaning of equality in law nearly everywhere descends in a direct line from Aristotle's dictum that equality means treating likes alike, unlikes unalike. This notion of Equality has been enshrined in nearly all constitutions in the world. 14th Amendment of the U.S Constitution provides the guarantee of Equality. The Equal Protection clause of the Fourteenth Amendment is one of the most litigated sections of the American Constitution. US Supreme Court has developed a three-tier analysis approach. Under this system, with a challenged classification, the government has to show that this classification serves a compelling state interest and that the legislation is necessary to serve the interest.
Download or read book Legal Reasoning in Equality Interpretation An Analysis of the Indian Constitution written by Harshit Rai and published by GRIN Verlag. This book was released on 2019-09-30 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Philosophy, History and Sociology of Law, Symbiosis International University, language: English, abstract: The Following research paper deals with the Equality Interpretation in the Indian Constitution (including Constituent Assembly debates) with regard to Gender Justice and Feminism. By employing doctrinal research marked by chronological case analysis along with deductive type of reasoning it seeks to analyse the notion of Equality within the Indian Constitution and its interaction with feminist literature. It further analyses the interpretation of the courts with regard to Equality provisions within the Constitution and whether these interpretations advance Gender Justice. It finally deals with the Interaction of Indian scenario with CEDAW and enlists the findings that arise after all the aforementioned analysis. The meaning of equality in law nearly everywhere descends in a direct line from Aristotle's dictum that equality means treating likes alike, unlikes unalike. This notion of Equality has been enshrined in nearly all constitutions in the world. 14th Amendment of the U.S Constitution provides the guarantee of Equality. The Equal Protection clause of the Fourteenth Amendment is one of the most litigated sections of the American Constitution. US Supreme Court has developed a three-tier analysis approach. Under this system, with a challenged classification, the government has to show that this classification serves a compelling state interest and that the legislation is necessary to serve the interest.
Download or read book The Constitution of India written by Kali Pada Chakravarti and published by Allahabad : Allahabad Law Agency. This book was released on 1980 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rule of Law in India written by Harish Narasappa and published by Oxford University Press. This book was released on 2018-04-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.
Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by Javaid Rehman and published by BRILL. This book was released on 2021-08-09 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Download or read book Interpreting Constitutions written by Jeffrey Goldsworthy and published by Oxford University Press, USA. This book was released on 2006-02-09 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Download or read book Freedom s Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Download or read book Taking Rights Seriously written by Ronald Dworkin and published by Harvard University Press. This book was released on 2018-06-25 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is law? What is it for? How should judges decide novel cases when the statutes and earlier decisions provide no clear answer? Do judges make up new law in such cases, or is there some higher law in which they discover the correct answer? Must everyone always obey the law? If not, when is a citizen morally free to disobey? A renowned philosopher enters the debate surrounding these questions. Clearly and forcefully, Ronald Dworkin argues against the “ruling” theory in Anglo-American law—legal positivism and economic utilitarianism—and asserts that individuals have legal rights beyond those explicitly laid down and that they have political and moral rights against the state that are prior to the welfare of the majority. Mr. Dworkin criticizes in detail the legal positivists’ theory of legal rights, particularly H. L. A. Hart’s well-known version of it. He then develops a new theory of adjudication, and applies it to the central and politically important issue of cases in which the Supreme Court interprets and applies the Constitution. Through an analysis of John Rawls’s theory of justice, he argues that fundamental among political rights is the right of each individual to the equal respect and concern of those who govern him. He offers a theory of compliance with the law designed not simply to answer theoretical questions about civil disobedience, but to function as a guide for citizens and officials. Finally, Professor Dworkin considers the right to liberty, often thought to rival and even preempt the fundamental right to equality. He argues that distinct individual liberties do exist, but that they derive, not from some abstract right to liberty as such, but from the right to equal concern and respect itself. He thus denies that liberty and equality are conflicting ideals. Ronald Dworkin’s theory of law and the moral conception of individual rights that underlies it have already made him one of the most influential philosophers working in this area. This is the first publication of these ideas in book form.
Download or read book Legal Reasoning written by Melvin A. Eisenberg and published by Cambridge University Press. This book was released on 2022-09-29 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
Download or read book Self Study Guide CLAT 2022 written by Arihant Experts and published by Arihant Publications India limited. This book was released on 2021-10-14 with total page 953 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. The Self Study Guide for the preparation of CLAT 2021 2. The book is divided into 6 Sections 3. Good number of MCQs have been provided for practice 4. Chapterwise Previous Years Papers and 3 Crack sets are given for thorough practice 5. Authentic Solutions are given for the complete assistance “The Self Study Guide CLAT 2021” is a comprehensive textbook designed to give complete assistance for the preparation. This book divides the entire syllabus into sections with Chapterwise theories along with sufficient number of MCQs are given for quick revision of topics making it a complete success package. Each chapter carries previous years’ question from 2017 to 2011 for practice and 3 Practice sets are provided at end of the book to analyze the level of preparation. With authentic solutions provided help students to strengthen the concepts. Students who desire to score well in CLAT, this self study guide is a perfect choice for them. Toc CLAT Solved Paper 2020-2017, Legal Aptitude, Indian Constitution, English Language, Mathematics, Logical Reasoning, General Knowledge, Practice Sets (1-3).
Download or read book A People s Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Download or read book The Case for Black Reparations written by Boris Bittker and published by Beacon Press. This book was released on 2003-05-15 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The groundbreaking first book on black reparations, essential reading for the twenty-first century Originally published in 1972, Boris Bittker's riveting study of America's debt to African-Americans was well ahead of its time. Published by Toni Morrison when she was an editor, the book came from an unlikely source: Bittker was a white professor of law at Yale University who had long been ambivalent about the idea of reparations. Through his research into the history and theory of reparations-namely the development and enforcement of lawsdesigned to compensate groups for injustices imposed on them-he found that it wasn't a'crazy, far-fetched idea.' In fact, beginning with post-Civil War demands for forty acres and a mule, African-American thinkers have long made the case that compensatory measures are justified not only for the injury of slavery but for the further setbacks of almost a century of Jim Crow laws and forced school and job segregation, measures that effectively blocked African-Americans from enjoying the privledges of citizenship. The publication of important recent books by black scholars like Randall Robinson and the growth of a highly vocal reparations movement in the beginning of this century make this book, long unavailable, essential reading. Bittker carefully illuminates the historical provisions and statutes for legitimate claims to reparations, the national and international precedents for such claims, and most important, the obstacles to a national policy of reparations.
Download or read book Self Study Guide CLAT 2020 written by Arihant Experts and published by Arihant Publications India limited. This book was released on 2019-08-12 with total page 859 pages. Available in PDF, EPUB and Kindle. Book excerpt: CLAT (Common Law Admission Test) is an All India entrance examination and conducted by the National Law Schools/Universities for the admission in the Under-graduate and Post- graduate programmes. This examination is given right after 12 th grade for Undergraduate programmes in Law and after graduation in Law for Masters of Law. This ‘Self-Study Guide CLAT- 2020’ book comprehensively covers the whole syllabus regarding to test and helps students to get through exam without any difficulty. This book is divided into 6 parts namely Legal Aptitude, Indian Constitution, English Language, General Knowledge, Logical Reasoning and Mathematics. This book provides Chapter-wise theories with adequate amount of MCQs for recalling the concepts of each chapter, Previous Years’ question papers have been provided in the chapter practice, 3 sets of practice papers are provided at the end of the book which describes the exact pattern of the question to the candidates so that they can answer easily, detailed explanation of solved papers 2019 & 2018 also have been provided for practice. All the practice sets are also available for free on the WEB as well as on MOBILE so that candidates can prepare for their examination at anytime from anywhere. This book highly useful for those candidates who willing to clear the exams with the good grades and planning to study from the great institutes. TABLE OF CONTENT CLAT Solved Paper 2019, CLAT Solved Paper 2018, CLAT Solved Paper 2017, Legal Aptitude, Indian Constitution, English Language, Mathematics, Logical Reasoning, and General Knowledge, Practice Sets (1-3).
