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Author : Upendra Baxi
Publisher :
ISBN 13 :
Total Pages : 292 pages
Book Rating : 4.:/5 (34 download)
Download or read book The Indian Supreme Court and Politics written by Upendra Baxi and published by . This book was released on 1980 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 : Stephen Breyer
Publisher : Harvard University Press
ISBN 13 : 0674269365
Total Pages : 113 pages
Book Rating : 4.6/5 (742 download)
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Author : Durgesh Pande
Publisher :
ISBN 13 : 9789350530153
Total Pages : 280 pages
Book Rating : 4.5/5 (31 download)
Download or read book The Indian Supreme Court and Politics written by Durgesh Pande and published by . This book was released on 2012 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ronald Kahn
Publisher : University Press of Kansas
ISBN 13 : 0700614397
Total Pages : 526 pages
Book Rating : 4.7/5 (6 download)
Download or read book The Supreme Court and American Political Development written by Ronald Kahn and published by University Press of Kansas. This book was released on 2006-05-15 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative volume explores the evolution of constitutional doctrine as elaborated by the Supreme Court. Moving beyond the traditional "law versus politics" perspective, the authors draw extensively on recent studies in American Political Development (APD) to present a much more complex and sophisticated view of the Court as both a legal and political entity. The contributors--including Pam Brandwein, Howard Gillman, Mark Graber, Ronald Kahn, Tom Keck, Ken Kersch, Wayne Moore, Carol Nackenoff, Julie Novkov, and Mark Tushnet--share an appreciation that the process of constitutional development involves a complex interplay between factors internal and external to the Court. They underscore the developmental nature of the Court, revealing how its decision-making and legal authority evolve in response to a variety of influences: not only laws and legal precedents, but also social and political movements, election returns and regime changes, advocacy group litigation, and the interpretive community of scholars, journalists, and lawyers. Initial chapters reexamine standard approaches to the question of causation in judicial decision-making and the relationship between the Court and the ambient political order. Next, a selection of historical case studies exemplifies how the Court constructs its own authority as it defines individual rights and the powers of government. They show how interpretations of the Reconstruction amendments inform our understanding of racial discrimination, explain the undermining of affirmative action after Bakke, and consider why Roe v. Wade has yet to be overturned. They also tell how the Court has collaborated with political coalitions to produce the New Deal, Great Society, and Reagan Revolution, and why Native Americans have different citizenship rights than other Americans. These contributions encourage further debate about the nature and processes of constitutional change and invite APD scholars to think about law and the Court in more sophisticated ways.
Author : David E. Wilkins
Publisher : University of Texas Press
ISBN 13 : 0292774001
Total Pages : 426 pages
Book Rating : 4.2/5 (927 download)
Download or read book American Indian Sovereignty and the U.S. Supreme Court written by David E. Wilkins and published by University of Texas Press. This book was released on 2010-01-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
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 : Shiv Lal
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (311 download)
Download or read book Politico-legal India written by Shiv Lal and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : George H. Gadbois
Publisher : Oxford University Press
ISBN 13 : 0199093180
Total Pages : 411 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 411 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 : Shylashri Shankar
Publisher : OUP India
ISBN 13 : 9780195693201
Total Pages : 0 pages
Book Rating : 4.6/5 (932 download)
Download or read book Scaling Justice written by Shylashri Shankar and published by OUP India. This book was released on 2009-02-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the question 'What influences the choices and decisions that Indian Supreme Court judges make?' It analyses judges through an approach which sees them as constantly negotiating and interpreting laws within particular political and social contexts.
Author : Manas Chakrabarty
Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.3/5 (91 download)
Download or read book Judicial Behaviour and Decision Making of the Supreme Court of India written by Manas Chakrabarty and published by . This book was released on 2000 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : A.G. Noorani
Publisher : Oxford University Press
ISBN 13 : 0199087784
Total Pages : 1071 pages
Book Rating : 4.1/5 (99 download)
Download or read book Constitutional Questions and Citizens' Rights written by A.G. Noorani and published by Oxford University Press. This book was released on 2005-12-05 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: This omnibus brings together two highly acclaimed volumes of essays written by India's leading constitutional expert and political commentator, A.G. Noorani. The volume also includes nine new essays that examine key issue areas that emerged in the debate on institutions and citizens' rights later. The essays explore the Indian Constitution and its basic structure, Parliament and the making of foreign policy, the issue of lobbying and the need for appropriate legislation, as also ethical codes for parliamentarians and ministers. Further, the omnibus includes a discussion of Courts and their powers of contempt, journalist's rights and freedom of information, in addition to an analysis of the choice of candidates by political parties. Written in the author's trademark lucid style, Constitutional Questions in India scrutinizes almost every constitutional problem that arose in the last two decades. The essays in this volume deal with issues concerning the President, Parliament, the states, the Judiciary, the Civil Services, the Election Commission, the armed forces and the process of accountability on which the constitutional machinery is based. Citizens' Rights, Judges and State Accountability follows the discussion of the executive and legislative branches with a discussion of India's institutions, the Judiciary, Civil Services and the elections, and various commissions of enquiry constituted by the government. It is supplemented with insights into the freedom of information and the citizen's rights to know, and specific articles on the Constitution, parliamentary resolutions, foreign policy, and the armed forces. While highlighting the process of accountability across these institutions, the volume demonstrates how citizens can assert their rights in the face of institutional disinterest and injustice.
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 : Bidyut Chakrabarty
Publisher : Routledge India
ISBN 13 : 9781032501512
Total Pages : 0 pages
Book Rating : 4.5/5 (15 download)
Download or read book Indian Political System written by Bidyut Chakrabarty and published by Routledge India. This book was released on 2023-09-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the distinct structural characteristics of Indian politics and unearths significant sociopolitical and economic processes which are critical to the political articulation of governance in the country. It reflects on the foundational values of Indian polity, the emergence of the nation post-colonialism, the structural fluidity of federalism in India, and the changing nature of the planning process in the country. The book also studies the electoral processes, social movements, party system, local and state governance. Apart from analyzing corruption and public grievance systems, the volume also probes into significant issues in Indian politics. This book will be useful to the students, researchers and faculty working in the field of political science, public administration, political sociology, political economy and post-colonial contemporary Indian politics in particular. It will also be an invaluable and interesting reading for those interested in South Asian studies.
Author : Melissa Crouch
Publisher : Cambridge University Press
ISBN 13 : 1108493467
Total Pages : 449 pages
Book Rating : 4.1/5 (84 download)
Download or read book The Politics of Court Reform written by Melissa Crouch and published by Cambridge University Press. This book was released on 2019-09-19 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Author : Ronojoy Sen
Publisher : Oxford University Press, USA
ISBN 13 : 9780199489367
Total Pages : 304 pages
Book Rating : 4.4/5 (893 download)
Download or read book Articles of Faith written by Ronojoy Sen and published by Oxford University Press, USA. This book was released on 2019 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally presented as the author's thesis (Ph. D.)--University of Chicago.
Author : Madhav Khosla
Publisher :
ISBN 13 : 0674980875
Total Pages : 241 pages
Book Rating : 4.6/5 (749 download)
Download or read book India's Founding Moment written by Madhav Khosla and published by . This book was released on 2020 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: "How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--
