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Comparative Constitutional Law: A Study of the Principles of Constitutional Law

Comparative Constitutional Law: A Study of the Principles of Constitutional Law

  • 作者:
  • 出版商: Oxford University Press Pakistan
  • ISBN: 9780190709723
  • 出版时间 October 2022
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
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  • 描述 
  • 大纲 
  • 详细

    This book gives the universally established principles of constitutional law. It analyses and discusses them in context to the judgments of the superior courts of the US, the UK, Pakistan and India as well the judgments rendered by the courts in Australia, Canada, and Germany. In Pakistan and India, the concepts of constitutional law are derived primarily from American and British jurisprudence and how they have been adopted, applied, extended, and developed by the superior courts in both countries.

    The book is divided into seven parts: Part I discusses the definition and scope of the Constitutional Law and its interaction between the State and the Citizen. Part II relates to basic constitutional concepts like constitutional conventions, the rule of law, due process of law, and equality before law. Part III relates to certain basic constitutional structures like parliamentary and presidential forms of government and the concepts of separation of powers and federalism. Part IV relates to judiciary and includes subjects like independence of judiciary, judicial review, precedents, and theories of interpretations of the constitution. e fundamental rights under various constitutions are divided into two partsHuman Rights and Civil Liberties. Part V deals with human rights, the right to life, liberty, privacy and property, freedom of religion and safeguards against self-incrimination and double jeopardy. Part VI pertains to civil liberties like freedom of speech, press, association, assembly, and movement. Part VII gives certain evolving concepts like the doctrine of necessity and basic structure of constitution.

    The chapter on 'Independence of Judiciary' has been revised following the judicial reforms introduced in the United Kingdom by the Constitutional Reform Act of 2005. Subsequent laws and judgments have been included and discussed. e chapters on the 'doctrine of necessity' and 'precedents' have also been added.

  • Table of Cases
    Preface
    Part I. INTRODUCTION
    1:Definition and Scope of Constitutional Law
    2:State and the Citizen
    Part II. BASIC CONSTITUTIONAL CONCEPTS
    3:Constitutional Conventions
    4:The Rule of Law
    5:Due Process of Law
    6:Equality before Law and Equal Protection of Laws
    Part III. CONSTITUTIONAL STRUCTURES
    7:Parliamentary Form of Government
    8:Federalism
    9:Separation of Powers
    10:Presidential Form of Government
    Part IV. JUDICIARY AS GUARDIAN OF CONSTITUTION
    11:Independence of Judiciary
    12:Judicial Power and the Doctrine of Judicial Review
    13:Theories of Constitutional Interpretation
    14:Precedents
    Part V. FUNDAMENTAL HUMAN RIGHTS
    15:Right to Life and Liberty
    16:Right to Property
    17:Freedom of Conscience and Religion
    18:Right to Privacy Including Searches and Seizures
    19:Self-Incrimination
    20:Double Jeopardy
    Part VI. POLITICAL RIGHTS AND CIVIL LIBERTIES
    21:Freedom of Speech and Press
    22:Freedom of Association
    23:Freedom of Assembly
    24:Freedom of Movement
    25:Right to Counsel
    Part VII. EVOLVING CONSTITUTIONAL CONCEPTS
    26:Doctrine of Necessity
    27:Theory of Basic Structure of Constitution
    Index

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