Rule of Law in India

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199092052
Total Pages : 248 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Rule of Law in India by : Harish Narasappa

Download or read book Rule of Law in India written by Harish Narasappa and published by Oxford University Press. This book was released on 2018-04-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

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.

Challenging The Rules(s) of Law

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Publisher : SAGE Publications Inc
ISBN 13 : 0761936653
Total Pages : 516 pages
Book Rating : 4.7/5 (619 download)

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Book Synopsis Challenging The Rules(s) of Law by : Kalpana Kannabiran

Download or read book Challenging The Rules(s) of Law written by Kalpana Kannabiran and published by SAGE Publications Inc. This book was released on 2008-11-11 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays re-examines the field of criminology through an interdisciplinary lens, challenging in the process unproblematic assumptions of the rule of law and opening out avenues for a renewed and radical restatement of the contexts of criminal law in India. This collection is a significant step towards mapping the ways in which interdisciplinary research and human rights activism might inform legal praxis more effectively and holistically. The contributors are a diverse group – widely respected activists, bureaucrats, scholars, and professionals – who share concerns on criminal justice systems and the need to entrench human rights in the Indian polity.

The Common Law in India

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Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.:/5 (34 download)

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Book Synopsis The Common Law in India by : Motilal Chimanlal Setalvad

Download or read book The Common Law in India written by Motilal Chimanlal Setalvad and published by . This book was released on 1970 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rule of Law in a Free Society

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Publisher : Oxford University Press, USA
ISBN 13 : 9780195694420
Total Pages : 0 pages
Book Rating : 4.6/5 (944 download)

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Book Synopsis Rule of Law in a Free Society by : N. R. Madhava Menon

Download or read book Rule of Law in a Free Society written by N. R. Madhava Menon 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: Indian democracy has long been the subject of admiration around the world. However it's only too apparent imperfections continue to be a source of acute concern to its own citizens, as well as to well wishers abroad. While clearly delineated institutions of democratic governance have beenestablished under the Constitution of India, the rule of law appears not to have taken root in the country. Inefficiency, waste, corruption, and, more recently, terrorism pose seemingly insurmountable problems for the country's democratic structure.This unique collection provides an overview of the concept and relevance of rule of law today, the institutions charged with upholding it, and the threats before it. Some of India's most distinguished citizens, drawn from the legal profession, civil service, police, and academia directly addresspublic disenchantment with the political system and offer perspectives on the challenges facing the country's constitutional institutions.Based on lectures organized by the Nehru Centre, Mumbai to reassess the rule of law experiment undertaken by the Indian republic, now sixty years old, this timely volume will interest everyone concerned about sustaining Indian democracy.

Advancing the Rule of Law Abroad

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Publisher : Brookings Institution Press
ISBN 13 : 0870032666
Total Pages : 296 pages
Book Rating : 4.8/5 (7 download)

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Book Synopsis Advancing the Rule of Law Abroad by : Rachel Kleinfeld

Download or read book Advancing the Rule of Law Abroad written by Rachel Kleinfeld and published by Brookings Institution Press. This book was released on 2012-11-28 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

The Rule of Law

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Publisher : Penguin UK
ISBN 13 : 0141962011
Total Pages : 236 pages
Book Rating : 4.1/5 (419 download)

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Book Synopsis The Rule of Law by : Tom Bingham

Download or read book The Rule of Law written by Tom Bingham and published by Penguin UK. This book was released on 2011-07-07 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A gem of a book ... Inspiring and timely. Everyone should read it' Independent 'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

Discretion, Discrimination and the Rule of Law

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Publisher : Cambridge University Press
ISBN 13 : 1107135621
Total Pages : 323 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Discretion, Discrimination and the Rule of Law by : Mrinal Satish

Download or read book Discretion, Discrimination and the Rule of Law written by Mrinal Satish and published by Cambridge University Press. This book was released on 2017 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--

Regulation in India: Design, Capacity, Performance

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509927735
Total Pages : 475 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Regulation in India: Design, Capacity, Performance by : Devesh Kapur

Download or read book Regulation in India: Design, Capacity, Performance written by Devesh Kapur and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world's largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.

A People's Constitution

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Publisher : Princeton University Press
ISBN 13 : 0691210381
Total Pages : 308 pages
Book Rating : 4.6/5 (912 download)

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Book Synopsis A People's Constitution by : Rohit De

Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

Colonial Justice in British India

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Publisher : Cambridge University Press
ISBN 13 : 9781107404137
Total Pages : 0 pages
Book Rating : 4.4/5 (41 download)

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Book Synopsis Colonial Justice in British India by : Elizabeth Kolsky

Download or read book Colonial Justice in British India written by Elizabeth Kolsky and published by Cambridge University Press. This book was released on 2011-12-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.

Rule of Law Intermediaries

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Publisher : Cambridge University Press
ISBN 13 : 110891666X
Total Pages : 283 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Rule of Law Intermediaries by : Kristina Simion

Download or read book Rule of Law Intermediaries written by Kristina Simion and published by Cambridge University Press. This book was released on 2021-05-06 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars puzzle over the conditions that make rule of law development in authoritarian settings successful. In this significant contribution, focusing on the decade of Myanmar's political transformation, Kristina Simion explores rule of law assistance through the practice and experience of intermediaries, their capital, strategies and challenges. How do intermediaries influence the field, and the ways in which the rule of law is brokered transnationally? And why do they matter? Simion relates her research to law and sociology to bring to light these neglected players, focusing on who they are, the influence they have, their double agency and their crucial importance in establishing trust and translating rule of law. Relying on rich empirical data collected in Myanmar, the book shares the voices of the individuals that help to steer societal change within authoritarian confines. This socio-legal work offers some insights into why rule of law change in authoritarian settings often does not go expected ways, one of the development field's long unresolved issues.

Rule of Law and Areas of Limited Statehood

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788979044
Total Pages : 288 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Rule of Law and Areas of Limited Statehood by : Linda Hamid

Download or read book Rule of Law and Areas of Limited Statehood written by Linda Hamid and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book addresses the legal questions raised by areas of limited statehood, in which the State lacks the ability to exercise the full depth of its governmental authority. Featuring original contributions written by renowned international scholars, chapters investigate key issues arising at the junction between both domestic and international rule of law and areas of limited statehood, as well as the alternative modes of governance that develop therein.

Presidential Legislation in India

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Publisher : Cambridge University Press
ISBN 13 : 1107039711
Total Pages : 279 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Presidential Legislation in India by : Shubhankar Dam

Download or read book Presidential Legislation in India written by Shubhankar Dam and published by Cambridge University Press. This book was released on 2014 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of the president of India's authority to enact legislation (or ordinances) at the national level without involving parliament.

An Introduction to the Study of the Law of the Constitution

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Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)

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Book Synopsis An Introduction to the Study of the Law of the Constitution by : A.V. Dicey

Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.

Rule of Law in India

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Publisher :
ISBN 13 : 9780199093717
Total Pages : pages
Book Rating : 4.0/5 (937 download)

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Book Synopsis Rule of Law in India by : Harish Byrasandra Narasappa

Download or read book Rule of Law in India written by Harish Byrasandra Narasappa and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This text seeks to understand the dichotomy between the theory and practice of rule of law in India. The author argues that India's rule of law is unique in the post-colonial world encompassing many a substantive concept within it, contrary to the assertions of the liberals and thin theories. The practical challenges to the concepts of equality and certainty, both fundamental to rule of law, are explained in detail.

The Rule of Law History, Theory and Criticism

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Publisher : Springer Science & Business Media
ISBN 13 : 1402057458
Total Pages : 700 pages
Book Rating : 4.4/5 (2 download)

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Book Synopsis The Rule of Law History, Theory and Criticism by : Pietro Costa

Download or read book The Rule of Law History, Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.