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Constitutionalism and the Rule of Law: In a Theatre of Democracy

Constitutionalism and the Rule of Law: In a Theatre of Democracy

  • 作者:
  • 出版商: Eastern Book Company
  • ISBN: 9788119114054
  • 出版时间 July 2023
  • 规格: Hardback
  • 适应领域: India ? 免责申明:
    Countri(es) stated herein are used as reference only
¥587.59
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  • 描述 
  • 大纲 
  • 详细

    Authored by Justice A.K. Sikri, one of India's most distinguished Judges, Constitutionalism and the Rule of Law in a Theatre of Democracy reflects on his profound experience as a Judge as much as it does on his transformative vision of the Constitution. It is a comprehensive commentary on the jurisprudence underlying the development of the law. The book covers the expansion of the scope of judicial review and the heightened standards of scrutiny devised by courts. The book provides ring-side insights into the jurisprudence of dignity which has led to the expansion of Fundamental Rights. The author gives us an opportunity to analyze the process of social transformation through the interpretation of the law. The book covers various other allied concepts in the law, such as the globalization of judging and the inextricable link between the law, literature, and gender justice.

  • Table of Cases
    Introduction

    Part A - CONSTITUTIONALISM, RULE OF LAW, AND JUDICIAL REVIEW
    1. Role of the Judge in a Democracy
    2. Constitutional Democracy: India’s Moments
    3. Judicial Review: The Indian Experience
    4. Rule of Law: Protecting the Constitution and Democracy in India
    5. Judicial Review and the Principle of Proportionality
    6. Proportionality: A Balancing Act for Achieving Constitutional Rights

    Part B - JUDICIARY, HUMAN RIGHTS, AND DIGNITY
    7. Fundamental Duties
    8. Judiciary’s Relevance in a Democracy: The Role of Law Schools
    9. Social Transformation Through Judicial Process in India
    10. Growing Significance of Dignity Jurisprudence in the World of Ascending Human Rights
    11. Human Rights of the Disabled: The World in Slow Motion
    12. Negotiating Spaces: Gender Justice

    Part C - LAW’S CO-RELATIONS IN THE QUEST FOR JUSTICE
    13. Mediation: New Dimension of Access to Justice
    14. The Power of Mediation
    15. Exploring the Relationship Between Conflict and Law
    16. The Inexplicable Yet Unavoidable Relationship Between Law and Literature
    17. Globalisation of Judging
    18. Law and Economics
    19. Spirituality and Legal Profession

    Part D - TRIBUTE TO MY TEACHERS
    20. Professor Upendra Baxi: A Remarkable Intellectual Journey and Works
    21. Professor M.P. Singh: An Appreciation
    22. Bidding Adieu: My Farewell Speech
    Afterword — Justice Rohinton Fali Nariman

    Part E - APPENDICES
    Mahender Chawla v. Union of India, (2019) 14 Supreme Court Cases 615
    Indian Hotel & Restaurant Assn. (AHAR) v. State of Maharashtra, (2019) 3 Supreme Court Cases 429
    K.S. Puttaswamy (Aadhaar-5J.) v. Union of India, (2019) 1 Supreme Court Cases 1
    Common Cause v. Union of India, (2018) 5 Supreme Court Cases 1
    Jeeja Ghosh v. Union of India, (2016) 7 Supreme Court Cases 761
    National Legal Services Authority v. Union of India, (2014) 5 Supreme Court Cases 438: 2014 SCC OnLine SC 328
    Subject Index

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