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Scaling Justice: India's Supreme Court, Social Rights, and Civil Liberties

Autor Shylashri Shankar
en Limba Engleză Hardback – 11 feb 2009
This book seeks to answer the question 'What influences the choices and decisions that Indian Supreme Court judges make?'. In different contexts and cases contradictory images remain in circulation; judges are variously described as passive, pro-active, impartial, biased, pro-citizen, pro-business, apolitical, pro-poor etc. After briefly explaining the views in different schools of thought, the author sets out her 'embedded negotiator' approach, which addresses thediverse influences on judicial decision- makers. In this approach the focus is trained on judges and their constant negotiations within grey zones in the fields of civil liberties and social rights. To establish the validity of the approach the author uses the Probit model, which she also explainsextensively. She studies a sample of civil liberties cases spanning the period 1950 to 2005 and social rights cases post Emergency. She collates the data base of cases with another data base containing characteristics of 116 Supreme Court judges, including religious affiliation. This is the first time that such a model has been used in Indian legal research.
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Specificații

ISBN-13: 9780195693201
ISBN-10: 0195693205
Pagini: 239
Dimensiuni: 150 x 258 x 20 mm
Greutate: 0.44 kg
Editura: Oxford University Press
Colecția OUP India
Locul publicării:Delhi, India

Notă biografică

Shylashri Shankar is Fellow, Centre for Policy Research, New Delhi. She was awarded a PhD in Political Science by Columbia University, New York (May 2002)