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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: Deepakshi Joshi
Publisher:
ISBN: 9788184845099
Category : Constitutional amendments
Languages : en
Pages : 305
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Book Description
Author: PRAHALAD RAO
Publisher: Blue Rose Publishers
ISBN:
Category : Law
Languages : en
Pages : 223
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Book Description
Constitution is the basic legal document of a country. The Constitution of India had undergone major evolution, changes, and interpretation by many experts, scholars, judges, etc. Among these, the judiciary played a key role in the interpretation of the Constitution. The judiciary is the custodian of the Indian Constitution and the protector of the Fundamental Rights of an individual. The basic structure doctrine depicts that the Constitution of India has certain basic features that can’t be altered or destroyed through amendments by the parliament. The Parliament has amended the Constitution many times but many of them violated the basic structure. But the Judiciary has saved the basic structure of the Constitution, thus the breakdown of the Constitution. An earnest effort is made in this book to open the eyes of the critics of the judiciary on one or the other pretext or occasion though according to the Doctrine of Separation of Powers, one organ should not interfere with any other organ of the state. That is presumed to include making unpleasant statements against another organ which the Constitution itself does not accept. There is a system of checks and balances wherein the various organs impose checks on one another by certain provisions. The present controversy between Executive and Judiciary Organs could have been well avoided; the controversy raised is in itself controversial.
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: Richard Albert
Publisher: Springer
ISBN: 3319951416
Category : Law
Languages : en
Pages : 389
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Book Description
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0191081442
Category : Law
Languages : en
Pages : 368
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Book Description
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
Author: A. Lakshminath
Publisher:
ISBN: 9788176293914
Category : Constitutional amendments
Languages : en
Pages : 0
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Book Description
With special reference to India.
Author: M. K. Bhandari
Publisher:
ISBN: 9788171005062
Category : Constitutional amendments
Languages : en
Pages : 384
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Book Description
Author: Richard Albert
Publisher: Oxford University Press, USA
ISBN: 0190640480
Category : Law
Languages : en
Pages : 353
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Book Description
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
