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Indian Judiciary & Politics: The Changing Landscape

Autor Professor B D Dua
en Limba Engleză Hardback – 31 dec 2007
Few will deny that the post-emergency higher judiciary in India has earned widespread public acclaim for its innovative and creative jurisprudence notwithstanding the argument advanced by some critics that it has exercised excessive jurisdiction, transgressing at times the executive and legislative domains, contrary to the original 'checks and balances' design of the Constitution. While the issue of judicial restraint in the context of constitutional separation of powers deserves serious attention, the fact of the matter is that juristocracy invariably triumphs when the elected representatives in a democracy cannot be trusted to provide good and lawful governance. From this perspective, the unprecedented judicialisation of politics and the growth of judicial activism in India seems to be an organic response to pressures within the political system itself. The contributors to the volume are well-known scholars, lawyers, and academics. They reflect on the itinerary of higher judiciary and its contributions to constitutional law and public good contextualised for the developmental path of the political system since the commencement of the Republic in 1950. The papers cover a variety of topics -- judicial activism, judiciary and ecology, secularism, parliamentary institutions, central executive, new economy, and judicial reforms -- that focus primarily, though not exclusively, on the ramifications of judicial activism for Indian politics.
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Specificații

ISBN-13: 9788173047237
ISBN-10: 8173047235
Pagini: 490
Dimensiuni: 145 x 225 x 36 mm
Greutate: 0.77 kg
Editura: Manohar Publishers
Colecția Manohar Publishers (IND)

Cuprins

Introduction; The Struggle Over Judicial Review: Supreme Court & Limited Government; Governance by Judiciary: Into the Next Millennium; Bill of Rights: Judicial Approach, Principles of Interpretation & Remedies: The Indian Experience; Inconclusive Overview of Judicial Activism in India; Judicialization of Politics; Public Interest Litigation: Supreme Court in the Era of Liberalization; Politics of Judicial Administration; Environmental Justice through Public Interest Litigation; Supreme Court Environmental Crusade: Enforcing CNG Alternative for Worlds Third Most Polluted City; Resolving River Water Disputes in India: The Supreme Court & the Narmada River Dams Controversy; Secular State in a Hyper-Religious Society: The Role of the Judiciary; Secularism & Justice: A Review of Indian Supreme Court Judgements; Parliamentary Privileges & Immunities in India: An Argument for Codification; Indian Judiciary & Local Governments; Indian Superior Judiciary: The Selection & Impeachment of Judges; India: A Study in Executive-Judicial Relations Revisited; Supranational Intergovernmental Relations & the Role of Judiciary; Indian Judiciary & the New Economy; Judicial Reforms & Market Institutions: The Emerging Scenario; Reforms in the Criminal Justice System; Index.