An Independent, Colonial Judiciary

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199089485
Total Pages : 494 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis An Independent, Colonial Judiciary by : Abhinav Chandrachud

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 494 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.

A Distinct Judicial Power

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Publisher : Oxford University Press
ISBN 13 : 019978096X
Total Pages : 440 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis A Distinct Judicial Power by : Scott Douglas Gerber

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.

The People’s Courts

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Publisher : Harvard University Press
ISBN 13 : 9780674055483
Total Pages : 0 pages
Book Rating : 4.0/5 (554 download)

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Book Synopsis The People’s Courts by : Jed Handelsman Shugerman

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.

Courts

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Publisher : University of Chicago Press
ISBN 13 : 022616134X
Total Pages : 257 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Courts by : Martin Shapiro

Download or read book Courts written by Martin Shapiro and published by University of Chicago Press. This book was released on 2013-11-15 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this provocative work, Martin Shapiro proposes an original model for the study of courts, one that emphasizes the different modes of decision making and the multiple political roles that characterize the functioning of courts in different political systems.

The Rule of Law and Emergency in Colonial India

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Author :
Publisher : Palgrave Macmillan
ISBN 13 : 9783030736651
Total Pages : 0 pages
Book Rating : 4.7/5 (366 download)

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Book Synopsis The Rule of Law and Emergency in Colonial India by : Haruki Inagaki

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.

Supreme Court of India

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Publisher : Oxford University Press
ISBN 13 : 0199093180
Total Pages : 411 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Supreme Court of India by : George H. Gadbois

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 411 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.

Law and Custom in Korea

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Publisher : Cambridge University Press
ISBN 13 : 110700697X
Total Pages : 365 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Law and Custom in Korea by : Marie Seong-Hak Kim

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: Sets forth the evolution of Korea's law and legal system from the Chosǒn dynasty through the colonial and postcolonial modern periods.

The Dutch Empire between Ideas and Practice, 1600–2000

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Publisher : Springer Nature
ISBN 13 : 3030275167
Total Pages : 246 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis The Dutch Empire between Ideas and Practice, 1600–2000 by : René Koekkoek

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.

The Informal Constitution

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Publisher : Oxford University Press
ISBN 13 : 0190992999
Total Pages : 328 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis The Informal Constitution by : Abhinav Chandrachud

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.

The Supreme Court of Pennsylvania

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Publisher : Penn State Press
ISBN 13 : 0271081996
Total Pages : 457 pages
Book Rating : 4.2/5 (71 download)

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Book Synopsis The Supreme Court of Pennsylvania by : John J. Hare

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 2018-01-25 with total page 457 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.

Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971

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Author :
Publisher : Springer
ISBN 13 : 3319696912
Total Pages : 286 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971 by : Ellen R. Feingold

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 286 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.

Can Courts be Bulwarks of Democracy?

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Publisher : Cambridge University Press
ISBN 13 : 1316516733
Total Pages : 173 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis Can Courts be Bulwarks of Democracy? by : Jeffrey K. Staton

Download or read book Can Courts be Bulwarks of Democracy? written by Jeffrey K. Staton and published by Cambridge University Press. This book was released on 2022-03-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Asia-Pacific Judiciaries

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Publisher : Cambridge University Press
ISBN 13 : 1107137721
Total Pages : 473 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Asia-Pacific Judiciaries by : H. P. Lee

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.

Asian Courts in Context

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Publisher : Cambridge University Press
ISBN 13 : 1107066085
Total Pages : 633 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Asian Courts in Context by : Jiunn-rong Yeh

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.

Thoughts on Government: Applicable to the Present State of the American Colonies

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Publisher :
ISBN 13 :
Total Pages : 46 pages
Book Rating : 4.4/5 (83 download)

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Book Synopsis Thoughts on Government: Applicable to the Present State of the American Colonies by : John Adams

Download or read book Thoughts on Government: Applicable to the Present State of the American Colonies written by John Adams and published by . This book was released on 1776 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:

From the Colonial to the Contemporary

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930663
Total Pages : 456 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis From the Colonial to the Contemporary by : Rahela Khorakiwala

Download or read book From the Colonial to the Contemporary written by Rahela Khorakiwala and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Colonial to the Contemporary explores the representation of law, images and justice in the first three colonial high courts of India at Calcutta, Bombay and Madras. It is based upon ethnographic research work and data collected from interviews with judges, lawyers, court staff, press reporters and other persons associated with the courts. Observing the courts through the in vivo, in trial and practice, the book asks questions at different registers, including the impact of the architecture of the courts, the contestation around the renaming of the high courts, the debate over the use of English versus regional languages, forms of addressing the court, the dress worn by different court actors, rules on photography, video recording, live telecasting of court proceedings, use of CCTV cameras and the alternatives to courtroom sketching, and the ceremony and ritual that exists in daily court proceedings. The three colonial high courts studied in this book share a recurring historical tension between the Indian and British notions of justice. This tension is apparent in the semiotics of the legal spaces of these courts and is transmitted through oral history as narrated by those interviewed. The contemporary understandings of these court personnel are therefore seen to have deep historical roots. In this context, the architecture and judicial iconography of the high courts helps to constitute, preserve and reinforce the ambivalent relationship that the court shares with its own contested image.

Republic of Rhetoric

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Author :
Publisher : Penguin Enterprise
ISBN 13 : 9780143455646
Total Pages : 384 pages
Book Rating : 4.4/5 (556 download)

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Book Synopsis Republic of Rhetoric by : ABHINAV. CHANDRACHUD

Download or read book Republic of Rhetoric written by ABHINAV. CHANDRACHUD and published by Penguin Enterprise. This book was released on 2022-04-15 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the legal and political history of India, from the British period to the present, Republic of Rhetoric examines the right to free speech and it argues that the enactment of the Constitution in 1950 did not make a significant difference to the freedom of expression in India. Abhinav Chandrachud suggests that colonial-era restrictions on free speech, like sedition, obscenity, contempt of court, defamation and hate speech, were not merely retained but also strengthened in independent India. Authoritative and compelling, this book offers lucid and cogent arguments that have not been substantially advanced before by any of the leading thinkers on the right of free speech in India.