Author: Ahuja
Publisher: Orient Blackswan
ISBN: 9788125011897
Category :
Languages : en
Pages : 544
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Book Description
This two-volume book documents all the reported and unreported cases of Public Interest Litigation (PIL) from its inception in 1979 to April 1994. The author stresses that the law is not autonomous, but embodies the priorities of those involved in establishing and maintaining a legal system. She shows how PIL provides a means whereby the terms of the legal discourse may be challenged; equally she shows how PIL suffers, paradoxically, by being a part of the very system it seeks to question.
Author: Jona Razzaque
Publisher: Kluwer Law International B.V.
ISBN: 9041122141
Category : Law
Languages : en
Pages : 554
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Book Description
This research examines the growth and expansion of public interest environmental litigation (PIEL) in India and analyses the changes that are influencing the development of PIEL in Bangladesh and Pakistan. The necessity for this research lies in the rapid degradation of environment and the need of efficient environmental management in the three countries of the South Asian region. Here, we compare the legal systems of the three countries from the environmental point of view, discuss new ideas and directions and critically analyse the legal provisions that would help to apply environmental norms. These offer the legislators a chance to find out what can be applied in their own region, thus developing their existing legal mechanisms. About the author Jona Razzaque is barrister and holds a PhD in law from the University of London. She works in the field of access to environmental justice and has published numerous articles on this issue. She taught law in Queen Mary College and School of Oriental and African Studies under the University of London. She is currently working as a lawyer in the Foundation for International Environmental Law and Development (FIELD) on cross-themed projects related to bio-diversity, trade and climate change.
Author: Lisa Tortell
Publisher: Bloomsbury Publishing
ISBN: 1847312896
Category : Law
Languages : en
Pages : 236
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Book Description
This book constructs a framework which allows a greater understanding of domestic causes of action for breaches of human rights sounding in a monetary remedy. The first part describes the cause of action in three jurisdictions: the United States of America, India and New Zealand. The second part discusses two insights resulting from a comparative analysis of these three jurisdictions. The first is a list of four common questions that, when answered, structure the cause of action. These questions address what the cause of action protects, who the cause of action protects, against whom the cause of action is directed, and what the court orders. The second is a list of four overarching influences that affected the answers given to those questions in the three jurisdictions, so completing the structure of the causes of action. These influences are the cause of action's source, age, wider context and internal context. Putting these two chapters together provides a generalised outline of the causes of action. In the third part of the book the analysis is turned around. The generalised framework is assessed as a way in which to categorise the development and shape of the cause of action in England under the Human Rights Act 1998. The book concludes that a generic structure of the cause of action is common to the three jurisdictions studied and that the differences between the jurisdictions can be explained by influences that affect the causes of action in different ways. Further, this generalised framework is of relevance beyond the three jurisdictions from which it was drawn; it can be used as a guide by other jurisdictions in which such a cause of action either exists or will develop in the future.
Author: SARAH E. RICKS
Publisher:
ISBN: 9781531019181
Category :
Languages : en
Pages : 998
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Book Description
Author: B.S. Chimni
Publisher: BRILL
ISBN: 904740825X
Category : Law
Languages : en
Pages : 462
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Book Description
The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is a special publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.
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)
Author: Hari Mohan Mathur
Publisher: Routledge
ISBN: 1136704205
Category : Social Science
Languages : en
Pages : 382
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Book Description
Developmental projects have long been displacing people in large numbers every year, but it is only in recent years that the fate of those adversely affected has become an issue of widespread concern requiring urgent action. This volume is the scholarly exploration of these critical issues in a wider perspective, examining resettlement policies as well as resettlement strategies, their strengths, their weaknesses, the persisting gap between policy and its actual practice and the means to improve resettlement outcomes. This volume is well-structured into four parts: (a) Displacement and Resettlement in Developmental Projects (b) Re-examining Resettlement Policies (c) Addressing Resettlement Concerns and (d) Resettlement in a Globalizing World. It goes beyond the common description of resettlement problems and attempts at gaining a deeper understanding of resettlement realities. In a separate section, the book discusses the hotly debated current issues of resettlement policy and practice in the context of globalization. The volume contains original case studies which will bring to academic and policy tables a body of important new ideas that will stimulate debates and also hopefully change and improve current practices. The contributors to this volume are eminent scholars, including some who have played a vital role in shaping resettlement policies as well as in implementing projects at the grassroots level.
Author: Werner Menski
Publisher: Oxford University Press
ISBN: 0199088039
Category : Law
Languages : en
Pages : 668
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Book Description
This book presents a study on a postmodernist analysis of classical Hindu law, which has become neglected due to the modernist assumptions about the increasing irrelevance of ‘religious’ legal systems. The book is split into three parts. The first part focuses on the historical and conceptual background of Hindu law, while the second part concentrates on five facets of Hindu law that go beyond tradition and modernity, namely the Hindu marriage law, child marriage, polygamy, divorce, and the maintenance law. Finally, the third part presents a concluding analysis to the preceding chapters, where it presents the postmodern condition of Hindu law.
Author: Sujit Choudhry
Publisher: Oxford University Press
ISBN: 0191058629
Category : Law
Languages : en
Pages : 1328
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Book Description
The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.
Author: B. Currie
Publisher: Springer
ISBN: 0230509282
Category : Social Science
Languages : en
Pages : 297
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Book Description
Do people starve in democratic polities? It is often claimed that as government must respond to public needs in times of crisis, democracy has reduced famine in India since Independence. This book seeks to identify the processes which generate and perpetuate hunger in India, and what sort of intervention by public and private agencies are best suited to combat this problem. Drawing on fieldwork in the much publicised Kalahandi district, Bob Currie explains why problems of poverty and alleged starvation remain despite regular elections and extensive regional and national publicity.
