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Author : Kawdoor Sadananda Hegde
Publisher :
ISBN 13 :
Total Pages : 112 pages
Book Rating : 4.:/5 (5 download)
Download or read book Crisis in Indian Judiciary written by Kawdoor Sadananda Hegde and published by . This book was released on 1973 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Upendra Baxi
Publisher : Stranger Journalism
ISBN 13 : 0706913698
Total Pages : 207 pages
Book Rating : 4.7/5 (69 download)
Download or read book The Crisis of the Indian Legal System. Alternatives in Development: Law written by Upendra Baxi and published by Stranger Journalism. This book was released on 1982 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Bathula Venkateswara Rao
Publisher :
ISBN 13 :
Total Pages : 220 pages
Book Rating : 4.3/5 (91 download)
Download or read book Crisis in Indian Judiciary written by Bathula Venkateswara Rao and published by . This book was released on 2001 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critical view and certain remedial measures.
Author : Dr Lm Singhvi
Publisher : Prabhat Prakashan
ISBN 13 : 8184301278
Total Pages : 376 pages
Book Rating : 4.1/5 (843 download)
Download or read book Evolution of Indian Judiciary written by Dr Lm Singhvi and published by Prabhat Prakashan. This book was released on 2012-01-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial institutions evolved in India in the context of India’s social, economic and political conditions and because of the reception of legal concepts and institutions known to English and Scottish judges, lawyers and administrators. Modern Indian judiciary bears the hallmarks of its genesis and evolution during the British rule but it has progressively gone for beyond the colonial confines after the republican Constitution came into force. The theme of fundamental Rights and the role of the Supreme Court and the High Courts as vigilant custodians of fundamental rights are at the heart of India’s constitutional democracy. We owe a deep debt of gratitude to our apex judicature, the higher judiciary and the country’s bar in the evolution of the common law of the Constitution. It constitutes by common consent a remarkable chapter in our national life. H v H The Constitution of India is not the last word in human wisdom, but it was certainly a glorious achievement of national consensus and national commitment. The higher Indian judiciary can be said to have broadly fulfilled its constitutional ethos. There have been aberrations, notably during the Emergency and in some cases, of overstating and unduly enlarging the scope of judicial power. More seriously, there are grave and growing problems of inefficient case management, arrears, delays, corruption and incompetence. Those issues have to be addressed urgently, effectively and comprehensively if the Indian judiciary is to emerge as a fit instrument for Rule of Law for the teeming millions in the largest democracy in the world and if the Indian judiciary is to flourish in the twenty-first century holding its head high as an institution of freedom, liberty and balance, with a commitment to the constitutional goals and aspirations of We the People of India.
Author : Gerald N. Rosenberg
Publisher : Cambridge University Press
ISBN 13 : 1108474500
Total Pages : 377 pages
Book Rating : 4.1/5 (84 download)
Download or read book A Qualified Hope written by Gerald N. Rosenberg and published by Cambridge University Press. This book was released on 2019-08-29 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Author : B. D. Dua
Publisher : Manohar Publishers
ISBN 13 : 9788173047237
Total Pages : 494 pages
Book Rating : 4.0/5 (472 download)
Download or read book Indian Judiciary and Politics written by B. D. Dua and published by Manohar Publishers. This book was released on 2007 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few will deny that the post-emergency higher judiciary in India has earned widespread public acclaim for its innovative and creative jurisprudence notwithstanding the argument advanced by some critics that it has exercised excessive jurisdiction, transgressing at times the executive and legislative domains, contrary to the original 'checks and balances' design of the Constitution. While the issue of judicial restraint in the context of constitutional separation of powers deserves serious attention, the fact of the matter is that juristocracy invariably triumphs when the elected representatives in a democracy cannot be trusted to provide good and lawful governance. From this perspective, the unprecedented judicialisation of politics and the growth of judicial activism in India seems to be an organic response to pressures within the political system itself. The contributors to the volume are well-known scholars, lawyers, and academics. They reflect on the itinerary of higher judiciary and its contributions to constitutional law and public good contextualised for the developmental path of the political system since the commencement of the Republic in 1950. The papers cover a variety of topics -- judicial activism, judiciary and ecology, secularism, parliamentary institutions, central executive, new economy, and judicial reforms -- that focus primarily, though not exclusively, on the ramifications of judicial activism for Indian politics.
Author : Jiunn-rong Yeh
Publisher : Cambridge University Press
ISBN 13 : 1107066085
Total Pages : 633 pages
Book Rating : 4.1/5 (7 download)
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.
Author : Tom Ginsburg
Publisher : University of Chicago Press
ISBN 13 : 022656438X
Total Pages : 306 pages
Book Rating : 4.2/5 (265 download)
Download or read book How to Save a Constitutional Democracy written by Tom Ginsburg and published by University of Chicago Press. This book was released on 2018-10-05 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self rule. In the United States, the election of Donald Trump marked a decisive turning point for many. What kind of president calls the news media the “enemy of the American people,” or sees a moral equivalence between violent neo-Nazi protesters in paramilitary formation and residents of a college town defending the racial and ethnic diversity of their homes? Yet, whatever our concerns about the current president, we can be assured that the Constitution offers safeguards to protect against lasting damage—or can we? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can either hinder or hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—do not necessarily succeed as bulwarks against democratic decline. Rather, Ginsburg and Huq contend, the sobering reality for the United States is that, to a much greater extent than is commonly realized, the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had the unforeseen consequence of empowering the Supreme Court to fill in some details—often with doctrines that ultimately facilitate rather than inhibit the infringement of rights. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator, who can degrade the public sphere by wielding hateful language that would be banned in many other democracies. But we—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author : Larry Charles Berkson
Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.3/5 (91 download)
Download or read book Court Unification written by Larry Charles Berkson and published by . This book was released on 1978 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : George H. Gadbois
Publisher : Oxford University Press
ISBN 13 : 0199093180
Total Pages : 280 pages
Book Rating : 4.1/5 (99 download)
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.
Author : Christine Landfried
Publisher : Cambridge University Press
ISBN 13 : 1108425666
Total Pages : 411 pages
Book Rating : 4.1/5 (84 download)
Download or read book Judicial Power written by Christine Landfried and published by Cambridge University Press. This book was released on 2019-02-07 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relationship between the legitimacy, the efficacy, and the decision-making of national and transnational constitutional courts.
Author : Jinee Lokaneeta
Publisher :
ISBN 13 : 0472054392
Total Pages : 263 pages
Book Rating : 4.4/5 (72 download)
Download or read book The Truth Machines written by Jinee Lokaneeta and published by . This book was released on 2020 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of "truth serum," Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors. Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention"--
Author : Hans Dembowski
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 272 pages
Book Rating : 4.F/5 ( download)
Download or read book Taking the State to Court written by Hans Dembowski and published by Oxford University Press, USA. This book was released on 2001 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: These case studies examine the extent to which public interest litigation makes inefficient and often corrupt government officials responsible to the general public.
Author : Anushka Singh
Publisher : Oxford University Press
ISBN 13 : 019909182X
Total Pages : 406 pages
Book Rating : 4.1/5 (99 download)
Download or read book Sedition in Liberal Democracies written by Anushka Singh and published by Oxford University Press. This book was released on 2018-02-16 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the relationship between sedition and liberal democracies, particularly in India, this book looks at the biography of sedition laws, its contradictory position against free speech, and democratic ethics. Recent sedition cases registered in India show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, and anti-nuclear movement, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracy. The lived reality of the law of sedition in changing anthropological sites is juxtaposed with its positivist existence. Anushka Singh uses a comparative framework keeping in focus the Indian experience backed by fieldwork in Haryana, Maharashtra, and Delhi, and includes a comparative perspective from England, the USA, and Australia to contribute to debates on sedition within liberal democracies at large, especially in the wake of the proliferation of counter-terror legislations.
Author : Kamala Sankaran
Publisher : Oxford University Press, USA
ISBN 13 : 9780195692228
Total Pages : 0 pages
Book Rating : 4.6/5 (922 download)
Download or read book Towards Legal Literacy written by Kamala Sankaran and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a citizen's introduction to the law, the legal system, and a wide range of contemporary social and political issues in India. Written by experts, but concise and easy-to-read, it shows how:* the law impacts everyday life and society* the focus of law is not merely punishment of wrongdoers but also protection of the weak* the law is an instrument of social justice* the constitution relates to other laws* security concerns are interconnected with human rightsThis volume invites readers to explore the Indian legal system in its totality and introduces them to all key aspects of the law; the basic structure doctrine, the criminal justice system, the concept of religious personal laws, anti-terror laws, cyber laws, law of contract, labour and employmentlaws, environmental law, and gender justice.Written especially for students of the recently restructured BA Programme of the University of Delhi and designed as a text for its Legal Literacy course, this book will also be of immense use to students in the early stages of courses in political science, law, sociology of law, gender studies, aswell as to curious and concerned general readers.
Author : Milan Vaishnav
Publisher : Yale University Press
ISBN 13 : 0300216203
Total Pages : 434 pages
Book Rating : 4.3/5 (2 download)
Download or read book When Crime Pays written by Milan Vaishnav and published by Yale University Press. This book was released on 2017-01-01 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first thorough study of the co-existence of crime and democratic processes in Indian politics In India, the world's largest democracy, the symbiotic relationship between crime and politics raises complex questions. For instance, how can free and fair democratic processes exist alongside rampant criminality? Why do political parties recruit candidates with reputations for wrongdoing? Why are one-third of state and national legislators elected--and often re-elected--in spite of criminal charges pending against them? In this eye-opening study, political scientist Milan Vaishnav mines a rich array of sources, including fieldwork on political campaigns and interviews with candidates, party workers, and voters, large surveys, and an original database on politicians' backgrounds to offer the first comprehensive study of an issue that has implications for the study of democracy both within and beyond India's borders.
Author : Sujit Choudhry
Publisher : Oxford University Press
ISBN 13 : 0191058629
Total Pages : 1050 pages
Book Rating : 4.1/5 (91 download)
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.
