AN APPRAISAL OF THE JUDICIAL SYSTEM IN INDIA: A CRITICAL STUDY ON JUDICIAL INDEPENDENCE VIS-À-VIS JUDICIAL ACCOUNTABILITY PDF Download
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Author: Dr. More Atul Lalasaheb
Publisher: Lulu.com
ISBN: 132958645X
Category : Law
Languages : en
Pages : 511
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Book Description
We, the people of India, have adopted a written Constitution which has created an independent judiciary having the power of judicial review. While exercising this power, the judiciary not only acts as a guardian of the Constitution and its values, but also protects us from illegality, arbitrariness, malafides and corruption of other organs of the State. Therefore, in order to perform these functions the judiciary in India, since the adoption of the Constitution has been enjoying the highest degree of independence and has been held least accountable. This system has been adopted in the Constitution with the objective to achieve the concept of Justice as enshrined in the Preamble. It is pertinent to note that initially the judiciary had responded appropriately to achieve this object but, in due course of time, the Indian Judiciary under the guise of judicial activism, has shifted its focus in addition to delivering Justice, to governing the nation and its policies.
Author: Dr. More Atul Lalasaheb
Publisher: Lulu.com
ISBN: 132958645X
Category : Law
Languages : en
Pages : 511
Get Book Here
Book Description
We, the people of India, have adopted a written Constitution which has created an independent judiciary having the power of judicial review. While exercising this power, the judiciary not only acts as a guardian of the Constitution and its values, but also protects us from illegality, arbitrariness, malafides and corruption of other organs of the State. Therefore, in order to perform these functions the judiciary in India, since the adoption of the Constitution has been enjoying the highest degree of independence and has been held least accountable. This system has been adopted in the Constitution with the objective to achieve the concept of Justice as enshrined in the Preamble. It is pertinent to note that initially the judiciary had responded appropriately to achieve this object but, in due course of time, the Indian Judiciary under the guise of judicial activism, has shifted its focus in addition to delivering Justice, to governing the nation and its policies.
Author: Waris Husain
Publisher: Routledge
ISBN: 1351190091
Category : Social Science
Languages : en
Pages : 195
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Book Description
Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
Author: David Kosař
Publisher: Cambridge University Press
ISBN: 1107112125
Category : Law
Languages : en
Pages : 487
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Book Description
This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability. Using over 800 case studies from the Czech and Slovak disciplinary courts, the author creates a theoretical framework that can be applied to future case studies and decrease the frequency of accountability perversions.
Author: Jerome Frank
Publisher: Princeton University Press
ISBN: 9780691027555
Category : Law
Languages : en
Pages : 464
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Book Description
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. Criticism of Trial-Court Decisions--The Gestalt. XIII. A Trial as a Communicative Process. XIV. "Legal Science" and "Legal Engineering." XV. The Upper-Court Myth. XVI. Legal Education. XVII. Special Training for Trial Judges. XVIII. The Cult of the Robe. XIX. Precedents and Stability. XX. Codification. XXI. Words and Music: Legislation and Judicial Interpretation. XXII. Constitutions--The Merry-Go-Round. XIII. Legal Reasoning. XXIV. Da Capo. XXV. The Anthropological Approach. XXVI. Natural Law. XXVII. The Psychology of Litigants. XXVIII. The Unblindfolding of Justice. XXIX. Classicism and Romanticism. XXX. Justice and Emotions. XXXI. Questioning Some Legal Axioms. XXXII. Reason and Unreason--Ideals.
Author: M Rafiqul Islam
Publisher: Springer Nature
ISBN: 9819925797
Category : Law
Languages : en
Pages : 439
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Book Description
This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.
Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9789024731824
Category : Law
Languages : en
Pages : 728
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Book Description
This study discusses the many different aspects of judicial independence in Israel. It begins with an historical analysis of the concept of judicial independence in a comparative perspective, emphasizing the conceptual roots of the judiciary in Jewish law. Recent decades have witnessed a marked increase in the role played by the judiciary in society. This general trend is apparent in Israel, where the highly significant social role played by the judiciary has been on the increase for some years. The constitutional role of the judiciary in society is more pronounced in countries where the courts are empowered to review the constitutionality of legislative acts. In Israel the power of judicial review, in decisions of the Supreme Court, has been applied in a number of cases in which legislation of the Israeli Parliament, the Knesset, has been set aside. The increasingly prominent role of the judiciary in Israel is further manifested by the frequent recourse to judicial commissions of inquiry, chaired by judges who are often called upon to examine some of the major public controversies.
Author: Shimon Shetreet
Publisher: Martinus Nijhoff Publishers
ISBN: 9004215859
Category : Law
Languages : en
Pages : 689
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Book Description
The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.
Author: Martin L. Friedland
Publisher: Canadian Government Publishing
ISBN:
Category : Law
Languages : en
Pages : 432
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Book Description
How accountable are judges for their decisions? Should they have greater independence? This study, by University of Toronto law professor Martin Friedland, examines the judiciary in Canada from a variety of perspectives and provides recommendations on these issues to the Canadian Judicial Council. Persons consulted include not only judges but also lawyers, government officials, administrators, and others. Topics include judicial selection, discipline, the administration of the courts, and more.
Author: Brian T. Fitzpatrick
Publisher: University of Chicago Press
ISBN: 022665933X
Category : Law
Languages : en
Pages : 283
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Book Description
Since the 1960s, the class action lawsuit has been a powerful tool for holding businesses accountable. Yet years of attacks by corporate America and unfavorable rulings by the Supreme Court have left its future uncertain. In this book, Brian T. Fitzpatrick makes the case for the importance of class action litigation from a surprising political perspective: an unabashedly conservative point of view. Conservatives have opposed class actions in recent years, but Fitzpatrick argues that they should see such litigation not as a danger to the economy, but as a form of private enforcement of the law. He starts from the premise that all of us, conservatives and libertarians included, believe that markets need at least some rules to thrive, from laws that enforce contracts to laws that prevent companies from committing fraud. He also reminds us that conservatives consider the private sector to be superior to the government in most areas. And the relatively little-discussed intersection of those two beliefs is where the benefits of class action lawsuits become clear: when corporations commit misdeeds, class action lawsuits enlist the private sector to intervene, resulting in a smaller role for the government, lower taxes, and, ultimately, more effective solutions. Offering a novel argument that will surprise partisans on all sides, The Conservative Case for Class Actions is sure to breathe new life into this long-running debate.
Author: Jeffrey K. Staton
Publisher: Cambridge University Press
ISBN: 1316516733
Category : Law
Languages : en
Pages : 173
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Book Description
This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.
