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Table of Contents
Intro
Preface
Acknowledgments
Introduction to Comparative Law-A New Approach to the Emerging Field of Law
Contents
Editors and Contributors
Abbreviations
Comparing Constitutionally: Modes of Comparison
1 Introduction to Comparing Constitutionally
1.1 Borrowing or Transfer Oriented Comparison
1.2 Deliberative Comparison
1.3 Empirical Comparison
1.4 Reflective and Moral Cosmopolitan Comparison
2 Conclusion
References
Imperatives of the Basic Structure Doctrine: A Semi-centennial Concept
1 Introduction
2 Brief History
3 Evolution and Development
3.1 Shankari Prasad's Case: The Underprivileged Issue
3.2 Sajjan Singh's Case: Parliamentary Supremacy Upheld
3.3 Golak Nath's Case: Parliamentary Powers Curtailed
4 System of Checks and Balances and the Nature of the Constitution
5 Constituents of the Basic Structure
5.1 Parliament and the constitutional evaluation for Supremacy-Post 1973
5.2 Role of the Basic Structure in Current Scenario
6 Conclusion
References
Equality, Merit and Affirmative Action: India and USA
1 Introduction
2 Understanding the Expression 'Equality' from the Lens of Egalitarianism and Affirmative Action
3 Historical Reasons for Evolution of Reservation System and Affirmative Action in India
4 Constitution of India, Reservation and Affirmative Action
5 Efforts of the Hon'ble Supreme Court of India in Knitting the Reservation and Merit Jurisprudence Together
6 Migration from this 50 to that 50
7 What's New in Neil Aurelio Nunes and Ors v. Union of India (2022)
8 Affirmative Action in United States of America
9 Conclusion
References
Separation of Power and Judicial Independence in the Context of the United States and the Indian Constitution: A Cratologial Critique
1 Introduction
2 Part I-Separation of Power: A Cratological Brief
2.1 Constitution of the United States and Separation of Powers
2.2 Constitution of India and Separation of Powers
3 Part II-Establishment of Constitutional Court
4 Part III-Appointment of Judges
4.1 US Constitutional Context
5 Indian Constitutional Context
6 Part IV-Conclusion
References
Constitutional Obligation and Responsibilities of the Judges in a Contemporary Era: A Critical Study
1 Introduction
2 Concept of the Judicial Accountability
3 Judicial Independence and Judicial Accountability
4 Need for Making Judicial Accountability and Independency
5 Judicial Accountability in New Zealand
5.1 Transparent and Standardized Procedures
5.2 Disciplinary Principles for Judges
5.3 Judicial Complaints Process
6 Judicial Accountability in USA
6.1 The National Courts of the United States
6.2 Appointments of Judges
Preface
Acknowledgments
Introduction to Comparative Law-A New Approach to the Emerging Field of Law
Contents
Editors and Contributors
Abbreviations
Comparing Constitutionally: Modes of Comparison
1 Introduction to Comparing Constitutionally
1.1 Borrowing or Transfer Oriented Comparison
1.2 Deliberative Comparison
1.3 Empirical Comparison
1.4 Reflective and Moral Cosmopolitan Comparison
2 Conclusion
References
Imperatives of the Basic Structure Doctrine: A Semi-centennial Concept
1 Introduction
2 Brief History
3 Evolution and Development
3.1 Shankari Prasad's Case: The Underprivileged Issue
3.2 Sajjan Singh's Case: Parliamentary Supremacy Upheld
3.3 Golak Nath's Case: Parliamentary Powers Curtailed
4 System of Checks and Balances and the Nature of the Constitution
5 Constituents of the Basic Structure
5.1 Parliament and the constitutional evaluation for Supremacy-Post 1973
5.2 Role of the Basic Structure in Current Scenario
6 Conclusion
References
Equality, Merit and Affirmative Action: India and USA
1 Introduction
2 Understanding the Expression 'Equality' from the Lens of Egalitarianism and Affirmative Action
3 Historical Reasons for Evolution of Reservation System and Affirmative Action in India
4 Constitution of India, Reservation and Affirmative Action
5 Efforts of the Hon'ble Supreme Court of India in Knitting the Reservation and Merit Jurisprudence Together
6 Migration from this 50 to that 50
7 What's New in Neil Aurelio Nunes and Ors v. Union of India (2022)
8 Affirmative Action in United States of America
9 Conclusion
References
Separation of Power and Judicial Independence in the Context of the United States and the Indian Constitution: A Cratologial Critique
1 Introduction
2 Part I-Separation of Power: A Cratological Brief
2.1 Constitution of the United States and Separation of Powers
2.2 Constitution of India and Separation of Powers
3 Part II-Establishment of Constitutional Court
4 Part III-Appointment of Judges
4.1 US Constitutional Context
5 Indian Constitutional Context
6 Part IV-Conclusion
References
Constitutional Obligation and Responsibilities of the Judges in a Contemporary Era: A Critical Study
1 Introduction
2 Concept of the Judicial Accountability
3 Judicial Independence and Judicial Accountability
4 Need for Making Judicial Accountability and Independency
5 Judicial Accountability in New Zealand
5.1 Transparent and Standardized Procedures
5.2 Disciplinary Principles for Judges
5.3 Judicial Complaints Process
6 Judicial Accountability in USA
6.1 The National Courts of the United States
6.2 Appointments of Judges