Constitutional Law of India: Articles 226A-end : evaluation, review, and reforms documents PDF Download

Author: Subhash C. Kashyap
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1914

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Author: Subhash C. Kashyap
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1928

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Author: Alan Gledhill
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 309

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Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681

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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.

Author: Sudhir Krishnaswamy
Publisher: Oxford University Press
ISBN: 0199088446
Category : Law
Languages : en
Pages : 338

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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.

Author: Mark Tushnet
Publisher: Princeton University Press
ISBN: 1400828155
Category : Political Science
Languages : en
Pages : 288

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Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Author:
Publisher:
ISBN:
Category : Annotations and citations (Law)
Languages : en
Pages : 300

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"Formerly known as the International Citation Manual"--p. xv.

Author:
Publisher:
ISBN:
Category : Electronic surveillance
Languages : en
Pages : 944

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Author: A.V. Dicey
Publisher: Springer
ISBN: 134917968X
Category : Social Science
Languages : en
Pages : 729

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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.

Author: Javaid Rehman
Publisher: BRILL
ISBN: 9004466185
Category : Law
Languages : en
Pages : 489

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Book Description
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.