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Author : A. Lakshminath
Publisher :
ISBN 13 : 9788176293914
Total Pages : 0 pages
Book Rating : 4.2/5 (939 download)
Download or read book Basic Structure and Constitutional Amendments written by A. Lakshminath and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With special reference to India.
Author : Yaniv Roznai
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)
Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Author : Richard Albert
Publisher : Oxford University Press, USA
ISBN 13 : 0190640480
Total Pages : 353 pages
Book Rating : 4.1/5 (96 download)
Download or read book Constitutional Amendments written by Richard Albert and published by Oxford University Press, USA. This book was released on 2019 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Author : Kemal Gözler
Publisher : Kemal Gözler
ISBN 13 : 9944141739
Total Pages : 142 pages
Book Rating : 4.9/5 (441 download)
Download or read book Judicial Review of Constitutional Amendments written by Kemal Gözler and published by Kemal Gözler. This book was released on 2008 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.
Author : PRAHALAD RAO
Publisher : Blue Rose Publishers
ISBN 13 :
Total Pages : 223 pages
Book Rating : 4./5 ( download)
Download or read book AEOLIAN SOUND AGAINST DOCTRINE OF BASIC STRUCTURE written by PRAHALAD RAO and published by Blue Rose Publishers. This book was released on 2023-05-10 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitution is the basic legal document of a country. The Constitution of India had undergone major evolution, changes, and interpretation by many experts, scholars, judges, etc. Among these, the judiciary played a key role in the interpretation of the Constitution. The judiciary is the custodian of the Indian Constitution and the protector of the Fundamental Rights of an individual. The basic structure doctrine depicts that the Constitution of India has certain basic features that can’t be altered or destroyed through amendments by the parliament. The Parliament has amended the Constitution many times but many of them violated the basic structure. But the Judiciary has saved the basic structure of the Constitution, thus the breakdown of the Constitution. An earnest effort is made in this book to open the eyes of the critics of the judiciary on one or the other pretext or occasion though according to the Doctrine of Separation of Powers, one organ should not interfere with any other organ of the state. That is presumed to include making unpleasant statements against another organ which the Constitution itself does not accept. There is a system of checks and balances wherein the various organs impose checks on one another by certain provisions. The present controversy between Executive and Judiciary Organs could have been well avoided; the controversy raised is in itself controversial.
Author : G. G. Mirchandani
Publisher : Abhinav Publications
ISBN 13 : 9788170170570
Total Pages : 272 pages
Book Rating : 4.1/5 (75 download)
Download or read book Subverting the Constitution written by G. G. Mirchandani and published by Abhinav Publications. This book was released on 1977 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: -----------
Author : Richard Albert
Publisher : Springer
ISBN 13 : 3319951416
Total Pages : 389 pages
Book Rating : 4.3/5 (199 download)
Download or read book An Unamendable Constitution? written by Richard Albert and published by Springer. This book was released on 2018-09-03 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
Author : Sudhir Krishnaswamy
Publisher : Oxford University Press
ISBN 13 : 0199088446
Total Pages : 338 pages
Book Rating : 4.1/5 (99 download)
Download or read book Democracy and Constitutionalism in India written by Sudhir Krishnaswamy and published by Oxford University Press. This book was released on 2010-11-03 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.
Author : M. K. Bhandari
Publisher :
ISBN 13 : 9788171005062
Total Pages : 384 pages
Book Rating : 4.0/5 (5 download)
Download or read book Basic Structure of the Indian Constitution written by M. K. Bhandari and published by . This book was released on 1993 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maurice Adams
Publisher : Cambridge University Press
ISBN 13 : 1316883256
Total Pages : 559 pages
Book Rating : 4.3/5 (168 download)
Download or read book Constitutionalism and the Rule of Law written by Maurice Adams and published by Cambridge University Press. This book was released on 2017-02-02 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Author : Mahomedali Currim Chagla
Publisher : Calcutta : Rupak Publishers
ISBN 13 :
Total Pages : 198 pages
Book Rating : 4.3/5 (91 download)
Download or read book Constitutional Amendments written by Mahomedali Currim Chagla and published by Calcutta : Rupak Publishers. This book was released on 1977 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributed articles.
Author : Satyaranjan Purushottam Sathe
Publisher :
ISBN 13 :
Total Pages : 222 pages
Book Rating : 4.3/5 (91 download)
Download or read book Constitutional Amendments, 1950-1988 written by Satyaranjan Purushottam Sathe and published by . This book was released on 1989 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Nancy Harris
Publisher : Capstone Classroom
ISBN 13 : 9781432909925
Total Pages : 36 pages
Book Rating : 4.9/5 (99 download)
Download or read book What Are the Amendments? written by Nancy Harris and published by Capstone Classroom. This book was released on 2008 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces the amendments to the United States Constitution, including the history of constitutional amendments, how they are passed, and why they are important.
Author : Martin Belov
Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 201 pages
Book Rating : 4.0/5 (7 download)
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Author : Sunder Raman
Publisher :
ISBN 13 :
Total Pages : 382 pages
Book Rating : 4.:/5 (36 download)
Download or read book Amending Power Under the Constitution of India written by Sunder Raman and published by . This book was released on 1990 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ralph A. Rossum
Publisher : Routledge
ISBN 13 : 1000124355
Total Pages : 854 pages
Book Rating : 4.0/5 (1 download)
Download or read book American Constitutional Law, Volume I written by Ralph A. Rossum and published by Routledge. This book was released on 2019-07-23 with total page 854 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
Author : United States. Dept. of Justice. Office of Legal Policy
Publisher :
ISBN 13 :
Total Pages : 72 pages
Book Rating : 4.F/5 ( download)
Download or read book Limited Constitutional Conventions Under Article V of the United States Constitution written by United States. Dept. of Justice. Office of Legal Policy and published by . This book was released on 1987 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
