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AN APPRAISAL OF THE JUDICIAL SYSTEM IN INDIA: A CRITICAL STUDY ON JUDICIAL INDEPENDENCE VIS-À-VIS JUDICIAL ACCOUNTABILITY
We, the people of India, have adopted a written Constitution which has created an independent judiciary having the power of judicial review. While exercising this power, the judiciary not only acts as a guardian of the Constitution and its values, but also protects us from illegality, arbitrariness, malafides and corruption of other organs of the State. Therefore, in order to perform these functions the judiciary in India, since the adoption of the Constitution has been enjoying the highest degree of independence and has been held least accountable. This system has been adopted in the Constitution with the objective to achieve the concept of Justice as enshrined in the Preamble. It is pertinent to note that initially the judiciary had responded appropriately to achieve this object but, in due course of time, the Indian Judiciary under the guise of judicial activism, has shifted its focus in addition to delivering Justice, to governing the nation and its policies.
Nani Palkhivala
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Conflict of Laws in International Arbitration
Irrespective of the increasing harmonization of law at the transnational level, every arbitration raises a number of confl ict of laws problems relating to procedural questions as well as to issues concerning the merits of the case. Unlike a state court judge, the arbitrator has no "lex fori" in the proper sense providing the relevant confl ict rules to determine the applicable law. This raises the question of what confl ict of laws rules to apply and, consequently, of the extent of the freedom the arbitrator enjoys in dealing with this and related issues. The best example of the importance of confl ict of laws questions in arbitration is the Vivendi-Elektrim saga where the outcome of the various proceedings depended on the question of characterization. This very beneficial book is dealing with - the arbitration agreement, - the jurisdiction of the arbitral tribunal, - the law applicable to the merits and - the arbitration procedure.
Handbook on Investment Arbitration in India
The handbook on Investment Arbitration in India has been prepared by the team at the Centre for Arbitration and Research of Maharashtra National Law University Mumbai to create a reliable and accessible resource for the students, lawyers and practitioners. The handbook discusses the history, nature and fundamental concepts of investment arbitration. It also examines the investment arbitration cases involving India as a party, how investment arbitration awards are enforced in India and the recent debates and trends for the reforms in the investor-state dispute mechanisms. The handbook charts out various career options in this field.
Peace Journeys
This collection of essays presents the very latest research on the peace-building dimension of sacred and secular journeys at individual, societal, regional and global levels. Not since the 1980s has there been any concerted effort to explore the potential of such journeys in helping to bridge the divide that separates people of diverse ethnicities, religions and cultures. This volume gathers together empirical studies, regional analyses, and personal reflections from four continents and twelve countries, including Sri Lanka, Syria, Ethiopia, and Indonesia, which highlight the potential of religious tourism and pilgrimage for promoting interfaith solidarity, natural dialogue, and inner peace. It will be of interest to religion, tourism and peace scholars, as well as to political scientists and anthropologists.
Legal Education in the Global Context
This book discusses the opportunities and challenges facing legal education in the era of globalization. It identifies the knowledge and skills that law students will require in order to prepare for the practice of tomorrow, and explores pedagogical shifts legal education needs to make inside and outside of the classroom. With contributions from leading experts on legal education from various jurisdictions across the globe, the work combines theoretical depth with practical insights. Seeking to understand the changing landscape of legal education in the era of globalization, the contributions find that law schools can, and must, adopt educational strategies that at least present students wit...
Media Law
The fifth edition of Media Law covers legal developments affecting journalists and broadcasters. There is exhaustive coverage of all the major areas of media law, detailing the up-to-date position on defamation, obscenity, official secrecy, copyright and confidentiality, contempt of court and protection of privacy. Also covered is the regulation of films, video, theatre and advertising, plus the rights of access to business and government information.
Smart Technologies for Energy, Environment and Sustainable Development
This book comprises select proceedings of the International Conference on Smart Technologies for Energy, Environment, and Sustainable Development (ICSTEESD 2018). The chapters are broadly divided into three focus areas, viz. energy, environment, and sustainable development, and discusses the relevance and applications of smart technologies in these fields. A wide variety of topics such as renewable energy, energy conservation and management, energy policy and planning, environmental management, marine environment, green building, smart cities, smart transportation are covered in this book. Researchers and professionals from varied engineering backgrounds contribute chapters with an aim to provide economically viable solutions to sustainable development challenges. The book will prove useful for academics, professionals, and policy makers interested in sustainable development.
