Judicial Activism in Post-Emergency Era

Judicial Activism in Post-Emergency Era PDF Author: Dr. Swapna Deka Mandrinath
Publisher: Notion Press
ISBN: 9384391441
Category : Law
Languages : en
Pages : 409

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Book Description
"Since the day the Constitution of India came into force, Judicial Activism has existed in different forms under the Constitution. Judicial Activism initiated by the higher judiciary in India has started serious debates on the Court’s undefined power to place substantive as well as procedural limits on the executive as well as the legislature. The Court’s new role to make law and give directions has been criticised as the usurpation of powers that belong to the other two organs. The Court has been defending its new role to uphold the constitutional values of protecting the human rights of the people thereby upholding the principle of Rule of Law. Through this book, Dr. Deka Swapna Manindranath analyses the legitimacy of Judicial Activism in India as well as the intrusions made by the judiciary in the name of Judicial Activism. The author argues that Judicial Activism under the Constitution has been inevitable in view of the socio-economic and political conditions of the nation as well as due to the laxity of performance on the part of the other two organs. This book will be of interest to the research scholars and students of Indian Constitutional law and Political Science, judges, lawyers and general readers interested in knowing about the phenomenon of Judicial Activism in India."

Judicial Activism in Post-Emergency Era

Judicial Activism in Post-Emergency Era PDF Author: Dr. Swapna Deka Mandrinath
Publisher: Notion Press
ISBN: 9384391441
Category : Law
Languages : en
Pages : 409

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Book Description
"Since the day the Constitution of India came into force, Judicial Activism has existed in different forms under the Constitution. Judicial Activism initiated by the higher judiciary in India has started serious debates on the Court’s undefined power to place substantive as well as procedural limits on the executive as well as the legislature. The Court’s new role to make law and give directions has been criticised as the usurpation of powers that belong to the other two organs. The Court has been defending its new role to uphold the constitutional values of protecting the human rights of the people thereby upholding the principle of Rule of Law. Through this book, Dr. Deka Swapna Manindranath analyses the legitimacy of Judicial Activism in India as well as the intrusions made by the judiciary in the name of Judicial Activism. The author argues that Judicial Activism under the Constitution has been inevitable in view of the socio-economic and political conditions of the nation as well as due to the laxity of performance on the part of the other two organs. This book will be of interest to the research scholars and students of Indian Constitutional law and Political Science, judges, lawyers and general readers interested in knowing about the phenomenon of Judicial Activism in India."

The Indian Supreme Court and Politics

The Indian Supreme Court and Politics PDF Author: Upendra Baxi
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 292

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Book Description


Courting the People

Courting the People PDF Author: Anuj Bhuwania
Publisher: Cambridge University Press
ISBN: 110714745X
Category : Law
Languages : en
Pages : 168

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Book Description
""Studies the politics of Public Interest Litigation (PIL) in contemporary India"--Provided by publisher".

Judicial Activism

Judicial Activism PDF Author: Christopher Wolfe
Publisher: Rowman & Littlefield
ISBN: 9780847685318
Category : Law
Languages : en
Pages : 168

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Book Description
In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University

Judicial Activism in Bangladesh

Judicial Activism in Bangladesh PDF Author: Ridwanul Hoque
Publisher: Cambridge Scholars Publishing
ISBN: 144382822X
Category : Law
Languages : en
Pages : 395

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Book Description
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges’ respective society. Providing cross-jurisdictional empirical evidence, the study demonstrates that judicial activism, steered towards improving justice and grounded in one’s societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by “unelected” judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. The study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice. “Writing about judicial activism easily gets shackled by fussy and pedestrian debates about what judges may or may not do as unelected agents of governance. The book . . . goes much beyond such reductionist pedestrianisation of law, for it courageously lifts the debate into the skies of global legal realism. The analysis perceptively addresses bottlenecks of justice, identifying shackles and mental blocks in our own minds against activising concerns for justice for the common citizen.” —Prof Werner Menski (Foreword)

Radical Deprivation on Trial

Radical Deprivation on Trial PDF Author: César Rodríguez-Garavito
Publisher: Cambridge University Press
ISBN: 1107078881
Category : Law
Languages : en
Pages : 235

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Book Description
Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

INDIAN POLITICS

INDIAN POLITICS PDF Author: SINGH, M. P.
Publisher: PHI Learning Pvt. Ltd.
ISBN: 8194685133
Category : Political Science
Languages : en
Pages : 432

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Book Description
Designed as a standard text for undergraduate and postgraduate students of Political Science and also for the aspirants of Civil Services Examinations, the third edition of the book provides a thoroughly updated account of Indian politics, taking into consideration the Indian constitutional foundations and functioning of the various democratic institutions. It gives a holistic view of the political system of India that includes the State, Government (both central and state governments), the market, and the civil society, including infrastructures like the party systems in the nation and the states that are partly in the civil society and partly in the state. NEW TO THIS EDITION • All new developments in the working of the institutions of the various organs of the governments at the Union, State, and local levels in their internal as well as interactional settings. • Perspective of governance that demands attention to relationships among the governments, the civil society, and the market which have acquired a new salience since the parameter-altering economic reforms in 1991 but have suffered some reverses since 2008, a phenomenon known as slowbalization or deglobalization. • New phase in Indian politics with Narendra Modi government at the centre since 2014. TARGET AUDIENCE • B.A. (Political Science) • M.A. (Political Science) • Aspirants of Civil Services Examinations

151 Essays

151 Essays PDF Author: S C Gupta
Publisher: Arihant Publications India limited
ISBN: 9313160285
Category :
Languages : en
Pages : 483

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Book Description
151, that’s Not at all the Number of Essays covered in the Bestselling Book, Penned by Renowned Author Mr. S C Gupta, 151 Essays is a Complete Guide to help students learn the art of essay writing through More than 160 Essays covering the panoramic view of topics on Contemporary, Social, Environmental, Political, Education, Economic, Science & Technology, International, Personalities, Proverbial & Idiomatic, Sports and Many More The Book starts with a focus on developing the craft of essay writing which needs detailed knowledge of the topic, discipline of mind, analytical skills to draw a conclusion, rich vocabulary to express the thoughts, grammatical accuracy and coherence of thoughts and ideas for contextual writing. The Book is divided in 2 Major Parts, the first part prepares you to know-how of the Essay Writing be it Understanding an Essay, Part of an Essay, Steps to write an effective and Interesting Essay and Essay Sketching Techniques. the Second Part Contains All the Latest and Updated Topics from all the Field of life i.e. GST, Digital India, NET Neutrality, Black Money, Drone Technology, Juvenile Justice Act 1925, Social Networking Sites, Honor Killing, Electoral Reforms and Indian Democracy, FDI Effect on Retail Stores, Role of Agriculture in Economic Reform, Indian Civil Nuclear Strategy, Terrorism In India & It’s Changing Face, Global Climate Change, Students & Politics, Right to Education, Kalpana Chawla, Narendra Modi, Sunder Pichai, IPL, Sports is it Loosing it’s Integrity, Habit- a Good Servant but a Bad Master, Communication face to face or Facebook and Many burning and Important Topics. While these are important and Critical Topics Author has put a clear and easy language to Understand, Vocab Cards to understand difficult words, Latest and Updated Data to understand actual status Essays Plays an important role in competitive exams hence it’s a must have book for all aspirants.

Rights of Accused

Rights of Accused PDF Author: Dr. Ashutosh
Publisher: Universal Law Publishing
ISBN: 9788175347380
Category : Civil rights
Languages : en
Pages : 564

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Book Description


The Nature of the Judicial Process

The Nature of the Judicial Process PDF Author: Benjamin Nathan Cardozo
Publisher:
ISBN:
Category : Judges
Languages : en
Pages : 218

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Book Description
In this famous treatise, a Supreme Court Justice describes the conscious and unconscious processes by which a judge decides a case. He discusses the sources of information to which he appeals for guidance and analyzes the contribution that considerations of precedent, logical consistency, custom, social welfare, and standards of justice and morals have in shaping his decisions.