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Author: Udai Raj Rai
Publisher: PHI Learning Pvt. Ltd.
ISBN: 8120344324
Category : Center for Public Policy and Governance
Languages : en
Pages : 847
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Book Description
La 4e de couverture indique : "India is credited with having one of the finest democratic constitutions in the world. And rightly so. For, even though the Indian Constitution has undergone many amendments and has been subjected to a lot of criticism, it has stood the test of time and has emerged as the beacon of hope, ensuring liberty, equality and justice to the citizens. It is in this context this comprehensive and systemically organized book on Fundamental Rights and Their Enforcement, written by Prof. Udai Raj Rai, an eminent academic with great legal acumen, becomes so significant. The book is a study on the fundamental rights guaranteed under Part III of the Constitution. Divided into 15 chapters aEUR" each chapter is again divided into parts aEUR" the book discusses in detail Liberty-based rights such as right to freedom of expression and other article 19 rights; life and personal liberty; preventive detention, capital punishment and prisoneraEUR s rights; and freedom of religion. Then it goes on to give an in-depth analysis of Equality-based rights aEUR" equality before law; non-discrimination and equal opportunity; social reservation; Liberty and Equality-based-rights aEUR" social equality and right to education as well as minority rights to establish and administer educational institutions. The book concludes with a comprehensive coverage on reach of fundamental rights; its violation; enforcement of the rights; Directive Principles of State Policy; and the fundamental duties of citizens. The book being a juridical study, the emphasis throughout is on analytical and critical study of important Supreme Court judgments. So, such major judgments as A.K. Gopalan and Maneka are highlighted. The distinction between pre-Maneka and post-Maneka jurisprudence is also clearly brought out. Besides, there is an elaborate discussion on the right to information, special problems regarding media freedom, and the Law of Contempt of Court which, the author feels, needs amendment. This well-balanced and well-researched book is intended as a text for postgraduate students of law (LL.M.) and as a reference for undergraduate students of law (LL.B., BA LL.B.). It should also serve as a valuable reference to lawyers, judges, and the teaching community. KEY FEATURES : Gives an analytical and critical study of Supreme Court judgments in relation to fundamental rights. Highlights the need for testing the laws on the touchstone of Secularism. Shows the need for balancing the StateaEUR s regulatory power and educational rights of the minorities. Gives recent Supreme Court decisions in the Addenda at the end of the book"
Author: Udai Raj Rai
Publisher: PHI Learning Pvt. Ltd.
ISBN: 8120344324
Category : Center for Public Policy and Governance
Languages : en
Pages : 847
Get Book Here
Book Description
La 4e de couverture indique : "India is credited with having one of the finest democratic constitutions in the world. And rightly so. For, even though the Indian Constitution has undergone many amendments and has been subjected to a lot of criticism, it has stood the test of time and has emerged as the beacon of hope, ensuring liberty, equality and justice to the citizens. It is in this context this comprehensive and systemically organized book on Fundamental Rights and Their Enforcement, written by Prof. Udai Raj Rai, an eminent academic with great legal acumen, becomes so significant. The book is a study on the fundamental rights guaranteed under Part III of the Constitution. Divided into 15 chapters aEUR" each chapter is again divided into parts aEUR" the book discusses in detail Liberty-based rights such as right to freedom of expression and other article 19 rights; life and personal liberty; preventive detention, capital punishment and prisoneraEUR s rights; and freedom of religion. Then it goes on to give an in-depth analysis of Equality-based rights aEUR" equality before law; non-discrimination and equal opportunity; social reservation; Liberty and Equality-based-rights aEUR" social equality and right to education as well as minority rights to establish and administer educational institutions. The book concludes with a comprehensive coverage on reach of fundamental rights; its violation; enforcement of the rights; Directive Principles of State Policy; and the fundamental duties of citizens. The book being a juridical study, the emphasis throughout is on analytical and critical study of important Supreme Court judgments. So, such major judgments as A.K. Gopalan and Maneka are highlighted. The distinction between pre-Maneka and post-Maneka jurisprudence is also clearly brought out. Besides, there is an elaborate discussion on the right to information, special problems regarding media freedom, and the Law of Contempt of Court which, the author feels, needs amendment. This well-balanced and well-researched book is intended as a text for postgraduate students of law (LL.M.) and as a reference for undergraduate students of law (LL.B., BA LL.B.). It should also serve as a valuable reference to lawyers, judges, and the teaching community. KEY FEATURES : Gives an analytical and critical study of Supreme Court judgments in relation to fundamental rights. Highlights the need for testing the laws on the touchstone of Secularism. Shows the need for balancing the StateaEUR s regulatory power and educational rights of the minorities. Gives recent Supreme Court decisions in the Addenda at the end of the book"
Author: Carlos Closa
Publisher: Cambridge University Press
ISBN: 1107108888
Category : Law
Languages : en
Pages : 357
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Book Description
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author: David Bilchitz
Publisher: Oxford University Press, USA
ISBN: 9780199552160
Category : Civil rights
Languages : en
Pages : 0
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Book Description
Where entrenched, directly justiciable socio-economic rights are expressly protected in the constitution.
Author: Alfredo Narváez Medécigo
Publisher: Springer
ISBN: 3319245627
Category : Law
Languages : en
Pages : 275
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Book Description
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Author: Katharine G. Young
Publisher: Cambridge University Press
ISBN: 1108418139
Category : Law
Languages : en
Pages : 711
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Book Description
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
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: David Bilchitz
Publisher: Cambridge University Press
ISBN: 1108841945
Category : Business & Economics
Languages : en
Pages : 523
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Book Description
This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Author: Mark Dawson
Publisher: Cambridge University Press
ISBN: 110707049X
Category : Law
Languages : en
Pages : 259
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Book Description
This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.
Author: Arun K Thiruvengadam
Publisher: Bloomsbury Publishing
ISBN: 1849468702
Category : Law
Languages : en
Pages : 291
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Book Description
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.
Author: Wolfgang Benedek
Publisher: International Studies in Human
ISBN: 9789004415942
Category : Law
Languages : en
Pages : 360
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Book Description
This edited volume on Implementation of International Human Rights Commitments and Implications on Ongoing Legal Reforms in Ethiopiaaddresses key themes of contemporary interest focused on identifying the gaps between Ethiopia's human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian - the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia - while the country is absorbed in legal and political reforms.
