Political Questions and the Supreme Courts of the U.S.A. and India PDF Download
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Author: Indrani Ghosh
Publisher:
ISBN:
Category : Courts of last resort
Languages : en
Pages : 146
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Book Description
Author: Indrani Ghosh
Publisher:
ISBN:
Category : Courts of last resort
Languages : en
Pages : 146
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Book Description
Author: Nada Mourtada-Sabbah
Publisher: Rowman & Littlefield
ISBN: 0739112848
Category : Political Science
Languages : en
Pages : 282
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Book Description
Historically, the political question doctrine has held the courts from resolving constitutional issues that are better left to other departments of government, as a way of maintaining the system of checks and balances. However, this book discusses the gradual changes in the parameters of the doctrine, including its current position dealing with increasingly extraterritorial concerns.
Author: Charles Gordon Post
Publisher: Da Capo Press, Incorporated
ISBN:
Category : Law
Languages : en
Pages : 160
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Book Description
Author: Pran Chopra
Publisher: SAGE Publications
ISBN: 9780761934455
Category : Business & Economics
Languages : en
Pages : 292
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Book Description
Constitutionally, the right to amend the Constitution in India lies with Parliament alone. In recent years, however, and in an atmosphere of judicial activism, the Supreme Court has gone beyond its role as interpreter of the Constitution, becoming its arbiter. There is thus scope in India′s federal structure for an impasse between the Supreme Court and Parliament which will not be resolved by referring to the Constitution. Written against this background, this collection of essays by eminent parliamentarians, jurists, legal experts and journalists examines various aspects of this important issue, including: - the doctrine of `basic structure′, and the complex responses to and consequences of this doctrine; - judicial review in India, in relation to the superiority of Parliament in the UK and the virtually unlimited scope of judicial review by the US Supreme Court; - `due process of law′ and its applicability in India; - the electoral system and the threat of majoritarianism; - federalism in India: Parliament and the state legislatures; - The Supreme Court′s creativity in interpreting the Constitution but the continuing absence of clear constitutional principles despite this. - the Court′s role as the protector of fundamental rights. Written in an accessible style, this book is a of interested to academic reseearchers and practitioners in government studies, constitutional issues, law and politics.
Author: Philippa Strum
Publisher: University : University of Alabama Press
ISBN:
Category : Political Science
Languages : en
Pages : 200
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Book Description
Author: Indrani Ghosh
Publisher:
ISBN:
Category : Courts of last resort
Languages : en
Pages : 146
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Book Description
Author: Anna Harvey
Publisher: Yale University Press
ISBN: 0300171110
Category : Political Science
Languages : en
Pages : 385
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Book Description
In this work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings.
Author: Gerald N. Rosenberg
Publisher: Cambridge University Press
ISBN: 1108474500
Category : Law
Languages : en
Pages : 377
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Book Description
Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.
Author: Gerald N. Rosenberg
Publisher: Cambridge University Press
ISBN: 1108604668
Category : Law
Languages : en
Pages :
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Book Description
The Indian Supreme Court is widely seen as a vanguard of progressive social change. Yet there are no systematic studies of whether its progressive decisions actually improve the lives of the relatively disadvantaged. This book presents the first collection of original empirical studies on the impact of the Indian Supreme Court's most progressive decisions. Combining original datasets with in-depth qualitative research, the chapters provide a rigorous examination of the conditions under which judicial decisions can make a difference to those in need. These studies reveal that the Indian Supreme Court, like its US counterpart, is largely constrained in its efforts. Yet, through the broad sweep of constitutional rights in the Indian Constitution, the Court's procedural innovations, and its institutional independence, the Indian Supreme Court can sometimes make a difference - in the lives of those most in need.
Author: William Orville Douglas
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 488
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Book Description
