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Author: Sudhir Krishnaswamy
Publisher: Oxford University Press
ISBN: 0199088446
Category : Law
Languages : en
Pages : 338
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Book Description
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: Sudhir Krishnaswamy
Publisher: Oxford University Press
ISBN: 0199088446
Category : Law
Languages : en
Pages : 338
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Book Description
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: Sathya Narayan
Publisher:
ISBN: 9789350281888
Category : Civil rights
Languages : en
Pages : 290
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Book Description
Collection of contributed papers presented at the event, Revisiting Kesavananda Bharati, organized by Centre for Public Law, ILS Law College, Pune, India on Jan. 16, 2010; includes invited papers; festschrift for Indian lawyers, Nani Palkhivala and H.M. Seervai.
Author: Nico Krisch
Publisher: Oxford University Press, USA
ISBN: 0199228310
Category : Law
Languages : en
Pages : 383
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Book Description
Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.
Author: Gabor Attila Toth
Publisher: Central European University Press
ISBN: 6155225184
Category : Law
Languages : en
Pages : 589
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Book Description
More than two decades after the post-communist constitutional transition, Hungary got into the spotlight again. As a result of the 2010 elections, the governing majority gained two-thirds of the seats in parliament, which made constitutional revision exceptionally easy, bypassing extensive political and social deliberations. In April 2011, on the first anniversary of the 2010 election, a brand new constitution was promulgated, named the Fundamental Law. This collection is the most comprehensive account of the Fundamental Law and its underlying principles. The objective is to analyze this constitutional transition from the perspectives of comparative constitutional law, legal theory and political philosophy. The authors outline and analyze how the current constitutional changes are altering the basic structure of the Hungarian State. The key concepts of the theoretical inquiry are sociological and normative legitimacy, majoritarian and partnership approach to democracy, procedural and substantive elements of constitutionalism. Changes are also examined in the field of human rights, focusing on the principles of equality, dignity, and civil liberties.
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0198768796
Category : Law
Languages : en
Pages : 369
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Book Description
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Author: Larry Kramer
Publisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380
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Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
Author: Darren Patrick Guerra
Publisher: Lexington Books
ISBN: 0739183869
Category : Law
Languages : en
Pages : 253
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Book Description
He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.
Author: Stephen Gardbaum
Publisher: Cambridge University Press
ISBN: 1107009286
Category : Law
Languages : en
Pages : 275
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Book Description
Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Author: N. W. Barber
Publisher: Oxford University Press
ISBN: 0192535684
Category : Law
Languages : en
Pages : 417
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Book Description
In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Author: Bidyut Chakrabarty
Publisher: Routledge
ISBN: 0429016522
Category : Social Science
Languages : en
Pages : 370
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Book Description
An analysis of selective aspects of India’s constitutional identity, this book provides an analytical account of the changing and changed texture of India’s constitutional identity bearing in mind the historical context in which it is articulated. The book conceptualizes the gradual evolution of an idea by tracing the history of India’s constitutionalism with reference to its conceptual roots, historical antecedents and the landmark judicial pronouncements in which the concern for its retention and protection is always privileged. The author examines specific constitutional designs that the 1950 Constitution of India put in place and argues that constitutional identity, despite being drawn on specific constitutional provisions, is also changeable in view of the rapidly transforming socio-economic milieu. He demonstrates that there are numerous instances where India’s constitutional identity has undergone a metamorphosis in circumstances where newer politico-ideological values and norms are privileged. A valuable addition to the literature on constitutionalism and constitutional practices in general and their manifestation in India's democratic experiences, in particular, this book will be of interest to academics in the fields of Government, Political Science, Law and Jurisprudence, Constitutional and Legal History and Asian Studies.
