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Jurisprudence Of Amending Process Under Indian Constitution
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Book Synopsis Jurisprudence of Amending Process Under Indian Constitution by : Sukhcharan Kaur Bhatia
Download or read book Jurisprudence of Amending Process Under Indian Constitution written by Sukhcharan Kaur Bhatia and published by Deep and Deep Publications. This book was released on 1989 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Jurisprudence of Amending Process Under Indian Constitution by : Sukhcharan K. Bhatia
Download or read book Jurisprudence of Amending Process Under Indian Constitution written by Sukhcharan K. Bhatia and published by . This book was released on 1990-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Amending Process in the Indian Constitution by : Hari Chand
Download or read book The Amending Process in the Indian Constitution written by Hari Chand and published by . This book was released on 1972 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Amending Power Under the Constitution of India by : Sunder Raman
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:
Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai
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.
Book Synopsis The Amending Process and Constitutional Amendments in the Indian Constitution by : K. C. Markandan
Download or read book The Amending Process and Constitutional Amendments in the Indian Constitution written by K. C. Markandan and published by . This book was released on 1972 with total page 868 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Democracy and Constitutionalism in India by : Sudhir Krishnaswamy
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.
Book Synopsis Limited Government and Judicial Review by : Durga Das Basu
Download or read book Limited Government and Judicial Review written by Durga Das Basu and published by . This book was released on 1972 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Unconstitutional Constitution? A Comparative Perspective by : Gary Jeffrey Jacobsohn
Download or read book An Unconstitutional Constitution? A Comparative Perspective written by Gary Jeffrey Jacobsohn and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: My purpose in this article is to draw upon a rich vein of jurisprudential thinking from judiciaries outside of the United States to address the puzzle of the unconstitutional constitutional amendment. I focus on two nations-India and Ireland-where the question has given rise to some fascinating and instructive jurisprudence. Unlike the United States Supreme Court, courts in these countries have confronted the issue of implied substantive limits to constitutional change through the formal amendment process. The Indian judiciary has invoked the idea of constitutional identity to legitimate overturning amendments, whereas the Court in Ireland has found such activity antithetical to popular sovereignty. In considering what is at stake for constitutional theory and practice, I rely on Edmund Burke to support the option of amendment invalidation, while concluding that if ever confronted with the felt need to exercise this option, sober heads might well wonder whether it would be worth doing.
Book Synopsis The Living Constitution by : David A. Strauss
Download or read book The Living Constitution written by David A. Strauss and published by Oxford University Press. This book was released on 2010-05-19 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Book Synopsis India's Living Constitution by : Zoya Hasan
Download or read book India's Living Constitution written by Zoya Hasan and published by Anthem Press. This book was released on 2005 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: India became independent in 1947 and, after nearly three years of debate in the Constituent Assembly, adopted a Constitution that came into effect on 26 January 1950. This Constitution has lasted until the present, with its basic structure unaltered, a remarkable achievement given that the generally accepted prerequisites for democratic stability did not exist, and do not exist even today. Half a century of constitutional democracy is something that political scientists and legal scholars need to analyze and explain. This volume examines the career of constitutional-political ideas (implicitly of Western origin) in the text of the Indian Constitution or implicit within it, as well as in actual political practice in the country over the past half-century.
Book Synopsis Post Sovereign Constitution Making by : Andrew Arato
Download or read book Post Sovereign Constitution Making written by Andrew Arato and published by Oxford University Press. This book was released on 2016 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
Book Synopsis Comparative Constitutional Law by : Tom Ginsburg
Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Book Synopsis Public Law in East Asia by : AlbertH.Y. Chen
Download or read book Public Law in East Asia written by AlbertH.Y. Chen and published by Routledge. This book was released on 2017-07-05 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Law in East Asia is a collection of the leading English-language articles on constitutional and administrative law in the Asian region, written by many of the leading scholars from this area. The region has its own distinct legal and political traditions, and its systems of government have facilitated dynamic economic growth, but the role of public law has not been well understood. Covering a wide range of jurisdictions in a single volume, this collection provides insights into the ways in which institutions of Western origin have been integrated into Asian political and legal cultures, producing new syntheses.
Book Synopsis The Constitution of South Africa by : Heinz Klug
Download or read book The Constitution of South Africa written by Heinz Klug and published by Bloomsbury Publishing. This book was released on 2010-07-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution's structure and role in the new South Africa. The main themes include: a description of the historical context and emergence of the constitution through the democratic transition; the implementation of the constitution and its role in building a new democratic society; the interaction of the constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa. Specific chapters address the historical context, the legal, political and philosophical sources of the constitution, its principles and structure, the bill of rights, parliament and executive as well as the constitution's provisions for cooperative government and regionalism. The final chapter discusses the challenges facing the Constitution and its aspirations in a democratic South Africa.The book is written in an accessible style, with an emphasis on clarity and concision. It includes a list of references for further reading at the end of each chapter.
Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum
Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
