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The Oxford Handbook Of The Indian Constitution
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Book Synopsis The Oxford Handbook of the Indian Constitution by : Sujit Choudhry
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 with total page 1121 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the first major post-colonial constitution, the Indian Constitution holds particular importance for the study of constitutional law and constitutions. Providing a thorough historical and political grounding, this Handbook examines key debates and developments in Indian constitutionalism and creates a framework for further study.
Book Synopsis The Oxford Handbook of Comparative Constitutional Law by : Michel Rosenfeld
Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Book Synopsis The Indian Constitution by : Madhav Khosla
Download or read book The Indian Constitution written by Madhav Khosla and published by OUP India. This book was released on 2012-08-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Constitution is one of the world's most important and longest political texts. This short introduction presents an illuminating tour of the text, explaining not only what the Constitution says but also inviting readers to think critically about the theory and practice of constitutionalism in modern India.
Book Synopsis India's Founding Moment by : Madhav Khosla
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"--
Book Synopsis The Oxford Handbook of the U.S. Constitution by : Mark Tushnet
Download or read book The Oxford Handbook of the U.S. Constitution written by Mark Tushnet and published by Oxford University Press. This book was released on 2015-07-31 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the U.S. Constitution offers a comprehensive overview and introduction to the U.S. Constitution from the perspectives of history, political science, law, rights, and constitutional themes, while focusing on its development, structures, rights, and role in the U.S. political system and culture. This Handbook enables readers within and beyond the U.S. to develop a critical comprehension of the literature on the Constitution, along with accessible and up-to-date analysis. The historical essays included in this Handbook cover the Constitution from 1620 right through the Reagan Revolution to the present. Essays on political science detail how contemporary citizens in the United States rely extensively on political parties, interest groups, and bureaucrats to operate a constitution designed to prevent the rise of parties, interest-group politics and an entrenched bureaucracy. The essays on law explore how contemporary citizens appear to expect and accept the exertions of power by a Supreme Court, whose members are increasingly disconnected from the world of practical politics. Essays on rights discuss how contemporary citizens living in a diverse multi-racial society seek guidance on the meaning of liberty and equality, from a Constitution designed for a society in which all politically relevant persons shared the same race, gender, religion and ethnicity. Lastly, the essays on themes explain how in a "globalized" world, people living in the United States can continue to be governed by a constitution originally meant for a society geographically separated from the rest of the "civilized world." Whether a return to the pristine constitutional institutions of the founding or a translation of these constitutional norms in the present is possible remains the central challenge of U.S. constitutionalism today.
Book Synopsis The Oxford Handbook of Freedom of Speech by : Adrienne Stone
Download or read book The Oxford Handbook of Freedom of Speech written by Adrienne Stone and published by Oxford University Press. This book was released on 2021-01-26 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom of speech is central to the liberal democratic tradition. It touches on every aspect of our social and political system and receives explicit and implicit protection in every modern democratic constitution. It is frequently referred to in public discourse and has inspired a wealth of legal and philosophical literature. The liberty to speak freely is often questioned; what is the relationship between this freedom and other rights and values, how far does this freedom extend, and how is it applied to contemporary challenges? The Oxford Handbook on Freedom of Speech seeks to answer these and other pressing questions. It provides a critical analysis of the foundations, rationales, and ideas that underpin freedom of speech as a political idea, and as a principle of positive constitutional law. In doing so, it examines freedom of speech in a variety of national and supra-national settings from an international perspective. Compiled by a team of renowned experts in the field, this handbook features original essays by leading scholars and theorists exploring the history, legal framework and controversies surrounding this tennet of the democratic constitution.
Book Synopsis The Oxford Handbook of Caribbean Constitutions by : Richard Albert
Download or read book The Oxford Handbook of Caribbean Constitutions written by Richard Albert and published by Oxford University Press. This book was released on 2020-07-23 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region's constitutions and examines themes emerging from the Caribbean's experience with constitutional interpretation and reform. Beginning with a Foreword from the former President of the Caribbean Court of Justice and an Introduction by the lead editor, Richard Albert, the remainder of the book is divided into four parts. Part I, 'Caribbean Constitutions in the World', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system, and the independence of the judiciary. Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform. This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.
Book Synopsis The Oxford Handbook of the Canadian Constitution by : Peter Oliver
Download or read book The Oxford Handbook of the Canadian Constitution written by Peter Oliver and published by Oxford University Press. This book was released on 2017-08-10 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Book Synopsis The Oxford Handbook of Israeli Politics and Society by : Reuven Y. Hazan
Download or read book The Oxford Handbook of Israeli Politics and Society written by Reuven Y. Hazan and published by Oxford University Press, USA. This book was released on 2021 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Few countries receive as much attention as Israel and are at the same time as misunderstood. The Oxford Handbook of Israeli Politics and Society brings together leading Israeli and international figures to offer the most wide-ranging treatment available of an intriguing country. It serves as a comprehensive reference for the growing field of Israel studies and is also a significant resource for students and scholars of comparative politics, recognizing that in many ways Israel is not unique, but rather a test case of democracy in deeply divided societies and states engaged in intense conflict. The handbook presents an overview of the historical development of Israeli democracy through chapters examining the country's history, contemporary society, political institutions, international relations, and most pressing political issues. It outlines the most relevant developments over time while not shying away from the strife both in and around Israel. It presents opposed narratives in full force, enabling readers to make their own judgments"--
Book Synopsis The Oxford Handbook of Religion and American Politics by : Corwin Smidt
Download or read book The Oxford Handbook of Religion and American Politics written by Corwin Smidt and published by Oxford University Press. This book was released on 2017 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past three decades, the study of religion and politics has gone from being ignored by the scholarly 7ommunity to being a major focus of research. Yet, because this important research is not easily accessible to nonspecialists, much of the analysis of religion's role in the political arena that we read in the media is greatly oversimplified. This Handbook seeks to bridge that gap by examining the considerable research that has been conducted to this point andassessing what has been learned, what remains unsettled due to conflicting research findings, and what important questions remain largely unaddressed by current research endeavors. The Handbook is unique to the field of religion and American politics and should be of wide interest to scholars, students, journalists, and others interested in the American political scene.
Book Synopsis The Oxford Handbook of Canadian Politics by : John Courtney
Download or read book The Oxford Handbook of Canadian Politics written by John Courtney and published by Oxford University Press. This book was released on 2010-04-29 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Canadian Politics provides a comprehensive overview of the transformation that has occurred in Canadian politics since it acheived autonomy nearly a century ago, examining the institutions and processes of Canadian government and politics at the local, provincial and federal levels. It analyzes all aspects of the Canadian political system: the courts, elections, political parties, Parliament, the constitution, fiscal and political federalism, the diffusion of policies between regions, and various aspects of public policy.
Book Synopsis Offend, Shock, or Disturb by : Gautam Bhatia
Download or read book Offend, Shock, or Disturb written by Gautam Bhatia and published by Oxford University Press. This book was released on 2016-01-14 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offend, Shock, or Disturb is a comprehensive examination of free speech under the Indian Constitution. It explores Indian free speech jurisprudence from a doctrinal, comparative, and philosophical perspective. Taking as its point of departure the constitutional guarantee of the freedom of speech and expression—Articles 19(1)(a) and 19(2) of the Constitution of India—the book discusses, clause by clause, the development of law from colonial times to present-day controversies. Issues relating to public order, sedition, obscenity and pornography, hate speech, film and online censorship, privacy and defamation, the contempt of court, the nature of speech and the relationship between free speech and economic structure, and the inter-relationships between them have been comprehensively examined. As free speech campaigns gain intensity by the day, the book presents the myriad understandings and limitations of the free speech law, and suggests possible pathways for the future.
Book Synopsis The Oxford Handbook of Carl Schmitt by : Jens Meierhenrich
Download or read book The Oxford Handbook of Carl Schmitt written by Jens Meierhenrich and published by Oxford University Press. This book was released on 2016 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Carl Schmitt collects thirty original chapters on the diverse oeuvre of one of the most controversial thinkers of the twentieth century. Carl Schmitt (1888-1985) was a German theorist whose anti-liberalism continues to inspire scholars and practitioners on both the Left and the Right. Despite Schmitt's rabid anti-semitism and partisan legal practice in Nazi Germany, the appeal of his trenchant critiques of, among other things, aestheticism, representative democracy, and international law as well as of his theoretical justifications of dictatorship and rule by exception is undiminished. Uniquely located at the intersection of law, the social sciences, and the humanities, this volume brings together sophisticated yet accessible interpretations of Schmitt's sprawling thought and complicated biography. The contributors hail from diverse disciplines, including art, law, literature, philosophy, political science, and history. In addition to opening up exciting new avenues of research, The Oxford Handbook of Carl Schmitt provides the intellectual foundations for an improved understanding of the political, legal, and cultural thought of this most infamous of German theorists. A substantial introduction places the trinity of Schmitt's thought in a broad context.
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.
Book Synopsis The Constitution of India by : Arun K Thiruvengadam
Download or read book The Constitution of India written by Arun K Thiruvengadam and published by Bloomsbury Publishing. This book was released on 2017-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.
Book Synopsis The Right to Education in India by : Florian Matthey-Prakash
Download or read book The Right to Education in India written by Florian Matthey-Prakash and published by Oxford University Press. This book was released on 2019-08-22 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question barely received any attention. The book identifies justiciability—or, more broadly, enforceability—as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the State; otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability remains unfulfilled. It deals with the possible alternative means the State may provide for the poor to claim the benefits under Article 21A, and identifies the grievance-redress mechanism created by the ‘Right of Children to Free and Compulsory Education Act, 2009’ as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.
Book Synopsis Politics and Ethics of the Indian Constitution by : Rajeev Bhargava
Download or read book Politics and Ethics of the Indian Constitution written by Rajeev Bhargava and published by Oxford University Press, USA. This book was released on 2008 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much of the germinal work on the Indian Constitution has been done by legal experts and historians. The distinctiveness of this collection of essays is its focus on the Indian Constitution from the perspective of political theory. Contributors to this volume view the Constitution either as a political or as an ethical document, reflecting configurations of powr and interests or articulating a moral vision. Critically analysing the various aspects of the constitution, the essays discuss equality, freedom, citizenship, minority rights, democracy, rights, property and welfare.
