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A Qualified Hope
  • Language: en
  • Pages: 377

A Qualified Hope

  • Categories: Law

Examines whether the Indian Supreme Court can produce progressive social change and improve the lives of the relatively disadvantaged.

Democracy and Constitutionalism in India
  • Language: en
  • Pages: 338

Democracy and Constitutionalism in India

  • Categories: Law

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.

Unstable Constitutionalism
  • Language: en
  • Pages: 415

Unstable Constitutionalism

  • Categories: Law

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Democracy in Hard Places
  • Language: en
  • Pages: 337

Democracy in Hard Places

The last fifteen years have witnessed a "democratic recession." Democracies previously thought to be well-established--Hungary, Poland, Brazil, and even the United States--have been threatened by the rise of ultra-nationalist and populist leaders who pay lip-service to the will of the people while daily undermining the freedom and pluralism that are the foundations of democratic governance. The possibility of democratic collapse where we least expected it has added new urgency to the age-old inquiry into how democracy, once attained, can be made to last. In Democracy in Hard Places, Scott Mainwaring and Tarek Masoud bring together a distinguished cast of contributors to illustrate how democr...

Court on Trial
  • Language: en
  • Pages: 196

Court on Trial

  • Categories: Law

The Indian Supreme Court was established nearly seventyfive years ago as a core part of India's constitutional project. Does the Court live up to the ideals of justice imagined by the framers of the Indian Constitution? Critics of the Supreme Court point out that it takes too long to adjudicate cases, a select group of senior advocates exercise disproportionate influence on the outcome of cases, the Chief Justice of India strategically assigns cases with an eye to outcome, and the selfappointments processknown as the collegiumis just another 'old boy's network'. Building on nearly a decade of original empirical research, this book examines these and other controversies plaguing the Supreme Court today. The authors provide an overview of the Supreme Court and its processes which are often shrouded in mystery, and present datadriven suggestions for improving the effectiveness and integrity of the Court.

The New Fourth Branch
  • Language: en
  • Pages: 197

The New Fourth Branch

  • Categories: Law

Analyses why constitution-designers have come to establish institutions protecting constitutional democracy in modern constitutions.

The Oxford Handbook of the Indian Constitution
  • Language: en
  • Pages: 1328

The Oxford Handbook of the Indian Constitution

  • Categories: Law

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 acc...

Designing Indicators for a Plural Legal World
  • Language: en
  • Pages: 289

Designing Indicators for a Plural Legal World

  • Categories: Law

Designing Indicators for a Plural Legal World engages with the role of quantification in law, and its impact on law and development and judicial reform. It seeks to examine how different institutions shape and influence the making and use of legal indicators globally. This book sheds light on the limitations of existing quantification tools, which measure rule of law due to their lack of engagement with contexts and countries in the Global South. It offers an alternative framework for measurement, which moves away from an institutional look at rule of law, to a bottom up, user centered approach that places importance on the lives that people lead, and the challenges that they face. In doing so, it offers a way of thinking about access to justice in terms of human capabilities.

The Constitution of Arbitration
  • Language: en
  • Pages: 235

The Constitution of Arbitration

  • Categories: Law

The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.

Courts in Federal Countries
  • Language: en
  • Pages: 598

Courts in Federal Countries

  • Categories: Law

Courts in Federal Countries examines the role high courts play in thirteen countries, including Australia, Brazil, Canada, Germany, India, Nigeria, Spain, and the United States.