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Author : Hari Bansh Tripathi
Publisher :
ISBN 13 :
Total Pages : 434 pages
Book Rating : 4.3/5 (91 download)
Download or read book Fundamental Rights and Judicial Review in Nepal written by Hari Bansh Tripathi and published by . This book was released on 2002 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ran Hirschl
Publisher : Harvard University Press
ISBN 13 : 9780674038677
Total Pages : 306 pages
Book Rating : 4.0/5 (386 download)
Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Author : Upendra Baxi
Publisher :
ISBN 13 :
Total Pages : 178 pages
Book Rating : 4.F/5 ( download)
Download or read book Courage, Craft, and Contention written by Upendra Baxi and published by . This book was released on 1985 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark Tushnet
Publisher : Cambridge University Press
ISBN 13 : 1107068959
Total Pages : 415 pages
Book Rating : 4.1/5 (7 download)
Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author : Dieter Grimm
Publisher : Oxford University Press
ISBN 13 : 0191090956
Total Pages : 401 pages
Book Rating : 4.1/5 (91 download)
Download or read book Constitutionalism written by Dieter Grimm and published by Oxford University Press. This book was released on 2016-09-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.
Author : Salman Khurshid
Publisher : Cambridge University Press
ISBN 13 : 1108883478
Total Pages : 463 pages
Book Rating : 4.1/5 (88 download)
Download or read book Judicial Review written by Salman Khurshid and published by Cambridge University Press. This book was released on 2020-06-11 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: In India, judicial review is not a static phenomenon. It has ensured that the Constitution is the supreme law of the land, and in situations when a law impinges on the rights and the liberties of citizens, it can be pruned or made void. This is a collection of scholarly essays demonstrating the different facets of judicial review based on the vast area of comparative constitutional law. Importantly, it honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. This volume recognizes his role as an Indian jurist. Various constitutional law experts come together to reflect on his expositions on the role of the apex court, judicial activism, accountability of judiciary, laws on surrogacy and adultery and so on.
Author : John Hart Ely
Publisher : Harvard University Press
ISBN 13 : 0674263294
Total Pages : 281 pages
Book Rating : 4.6/5 (742 download)
Download or read book Democracy and Distrust written by John Hart Ely and published by Harvard University Press. This book was released on 1981-08-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author : Mark Tushnet
Publisher : Cambridge University Press
ISBN 13 : 1316419088
Total Pages : 415 pages
Book Rating : 4.3/5 (164 download)
Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected regions within the field. This book remedies this lack of attention by providing a detailed examination of constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh. Identifying a common theme of volatile change, it develops the concept of 'unstable constitutionalism', studying the sources of instability alongside reactions and responses to it. By highlighting unique theoretical and practical questions in an underrepresented region, Unstable Constitutionalism constitutes an important step toward truly global constitutional scholarship.
Author :
Publisher :
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.:/5 (31 download)
Download or read book The Department of Labor's 2001 Findings on the Worst Forms of Child Labor written by and published by . This book was released on 2002 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 : 9781623138783
Total Pages : 88 pages
Book Rating : 4.1/5 (387 download)
Download or read book No Law, No Justice, No State for Victims written by and published by . This book was released on 2020 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been 14 years since the armed conflict between Maoist insurgents and government forces ended in Nepal. Tens of thousands became victims of enforced disappearances, torture, rape, and unlawful killings in the decade of fighting between 1996 and 2006. They are still waiting for truth and justice. There have been hardly any successful prosecutions since the end of the conflict for severe violations. Resistance to address past abuses has entrenched impunity in the present and, combined with a failure to ensure security sector reform, has led to repeated lack of punishment in cases of serious human rights violations which still occur in Nepal. In a mounting number of alleged extrajudicial killings by the police, custodial deaths allegedly resulting from torture, and shootings of unarmed protesters in recent years, the authorities refused to take action despite strong evidence. We conclude that failure to provide justice for past crimes creates direct and tangible harms in the present: families who lost loved ones years ago continue to seek justice and are forced to live without closure. And as new cases of abuse by the police show, impunity for past crimes means that unaccountable and abusive individuals and institutions continue to claim new victims in post-conflict Nepal.
Author : Mark S. Harding
Publisher : University of Toronto Press
ISBN 13 : 1487528485
Total Pages : 192 pages
Book Rating : 4.4/5 (875 download)
Download or read book Judicializing Everything? written by Mark S. Harding and published by University of Toronto Press. This book was released on 2022 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.
Author : Eswarappa Kasi
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443808563
Total Pages : 325 pages
Book Rating : 4.4/5 (438 download)
Download or read book Ethnographic Discourse of the Other written by Eswarappa Kasi and published by Cambridge Scholars Publishing. This book was released on 2009-03-26 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book primarily tries to bring out the analogy between the conceptual and methodological discourses on the theme of the other. The term 'Other' here refers to the oppressed sections of the society. It may be dalits, women, indigenous or ethnic communities. Since we are living in a multicultural and multilingual society, we should share our views with others on a platform where issues of the marginalized people are addressed by different scholars following different methods and techniques. Though there are various policies and plans for the welfare of the downtrodden, hardly any change can be seen at the micro-level structure of the society. There are studies which highlighted the problems and ethos of the downtrodden sections, but a majority of those studies neglected the marginalized groups. Hence, we felt the need to highlight the issues and concerns of these groups in a wider context and started thinking on the theme 'Ethnographic Discourse of the Other: Conceptual and Methodological Issues'. This volume attempts to discuss and theorize the pragmatic concepts and issues related to the marginalized groups in contemporary societies in South Asia. This book is interdisciplinary in nature and will be useful to scholars and students of Anthropology, Sociology, Linguistics, Social Work, Culture Studies, Gender Studies and Philosophy. It is widely applicable to all sections of the oppressed socially, economically, culturally, academically, politically and other wise.
Author : David R. Boyd
Publisher : UBC Press
ISBN 13 : 0774821639
Total Pages : 470 pages
Book Rating : 4.7/5 (748 download)
Download or read book The Environmental Rights Revolution written by David R. Boyd and published by UBC Press. This book was released on 2011-11-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to a healthy environment has been the subject of extensive philosophical debates that revolve around the question: Should rights to clean air, water, and soil be entrenched in law? David Boyd answers this by moving beyond theoretical debates to measure the practical effects of enshrining the right in constitutions. His pioneering analysis of 193 constitutions and the laws and court decisions of more than 100 nations in Europe, Latin America, Asia, and Africa reveals a positive correlation between constitutional protection and stronger environmental laws, smaller ecological footprints, superior environmental performance, and improved quality of life.
Author :
Publisher :
ISBN 13 : 9789176710524
Total Pages : 180 pages
Book Rating : 4.7/5 (15 download)
Download or read book Judicial Review Systems in West Africa: a Comparative Analysis written by and published by . This book was released on 2016 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the constitutional justice institutions in 16 West African states and analyses the diverse ways in which these institutions render justice and promote democratic development. There is no single best approach: different legal traditions tend to produce different design options. It also seeks to facilitate mutual learning and understanding among countries in the region, especially those with different legal systems, in efforts to frame a common West African system. The authors analyse a broad spectrum of issues related to constitutional justice institutions in West Africa. While navigating technical issues such as competence, composition, access, the status of judges, the authoritative power of these institutions and their relationship with other institutions, they also take a novel look at analogous institutions in pre-colonial Africa with similar functions, as well as the often-taboo subject of the control and accountability of these institutions.
Author : Mahendra Lawoti
Publisher : SAGE
ISBN 13 : 9780761933182
Total Pages : 352 pages
Book Rating : 4.9/5 (331 download)
Download or read book Towards A Democratic Nepal written by Mahendra Lawoti and published by SAGE. This book was released on 2005-02-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive critique of the Constitution adopted in 1990, this book identifies it as an important factor in the exclusion of various ethnic and minority groups. It examines the causes for the lack of democratic consolidation in Nepal and outlines alternative institutions that can give voice to the various socio-cultural groups in the country. Dr Lawoti makes a case for setting up a new Constituent Assembly and for following the principle of self-determination to reform the polity. He also makes several important recommendations for the construction of an inclusive and democratic Nepal.
Author : Helmut Steinberger
Publisher : Council of Europe
ISBN 13 : 9789287124142
Total Pages : 52 pages
Book Rating : 4.1/5 (241 download)
Download or read book Models of Constitutional Jurisdiction written by Helmut Steinberger and published by Council of Europe. This book was released on 1993-01-01 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover: Collection: Science and technique of democracy
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.
