Martial Law in India: Historical, Comparative and Constitutional Perspective
Author: K. Ratnabali
Publisher:
Published: 2020-10
Total Pages: 284
ISBN-13: 9789389620689
DOWNLOAD EBOOK →Author: K. Ratnabali
Publisher:
Published: 2020-10
Total Pages: 284
ISBN-13: 9789389620689
DOWNLOAD EBOOK →Author: K. Ratnabali
Publisher:
Published: 2020-11-02
Total Pages: 284
ISBN-13: 9789389620696
DOWNLOAD EBOOK →Author: Kongbrailatpam Ratnabali
Publisher:
Published: 2020
Total Pages: 0
ISBN-13: 9789389620702
DOWNLOAD EBOOK →This book covers the historical perspective of martial law in India and compares it with a few other countries.
Author: Tom Ginsburg
Publisher: Cambridge University Press
Published: 2012-02-27
Total Pages: 407
ISBN-13: 1107020565
DOWNLOAD EBOOK →Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
Author: Abhishek Singhvi
Publisher: Springer Nature
Published: 2020-10-30
Total Pages: 336
ISBN-13: 9811529973
DOWNLOAD EBOOK →This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
Published: 2011-01-01
Total Pages: 681
ISBN-13: 0857931210
DOWNLOAD EBOOK →This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Paul R. Brass
Publisher: Routledge
Published: 2010-04-30
Total Pages: 481
ISBN-13: 1134078587
DOWNLOAD EBOOK →The Routledge Handbook of South Asian Politics examines key issues in politics of the five independent states of the South Asian region: India, Pakistan, Bangladesh, Sri Lanka, and Nepal. Written by experts in their respective areas, this Handbook introduces the reader to the politics of South Asia by presenting the prevailing agreements and disagreements in the literature. In the first two sections, the Handbook provides a comprehensive introduction to the modern political history of the states of the region and an overview of the independence movements in the former colonial states. The other sections focus on the political changes that have occurred in the postcolonial states since independence, as well as the successive political changes in Nepal during the same period, and the structure and functioning of the main governmental and non-governmental institutions, including the structure of the state itself (unitary or federal), political parties, the judiciary, and the military. Further, the contributors explore several aspects of the political process and political and economic change, especially issues of pluralism and national integration, political economy, corruption and criminalization of politics, radical and violent political movements, and the international politics of the region as a whole. This unique reference work provides a comprehensive survey of the state of the field and is an invaluable resource for students and academics interested in South Asian Studies, South Asian Politics, Comparative Politics and International Relations.
Author: Arthur Berriedale Keith
Publisher: Routledge
Published: 2017-04-07
Total Pages: 472
ISBN-13: 1351978756
DOWNLOAD EBOOK →This book, first published in 1936, provides a comprehensive description and analysis of every constitutional aspect of British rule in India from 1600 to 1936. Beginning with a description of the East India Company before Plassey, its constitution, administration of settlements, and relation to the Indian states, the book closes with an account of the reforms of the 1930s, the events leading up to the White Paper and an analysis and elucidation of the Government of India Act 1935.
Author: Günter Frankenberg
Publisher: Edward Elgar Publishing
Published: 2013-01-01
Total Pages: 383
ISBN-13: 1781952116
DOWNLOAD EBOOK →ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutions are not mere ÒcommoditiesÓ or items to be assembled. The real matter is rather, which ÒmeaningsÓ are generated through transfer. In this way, beyond any usual flat version, we may perceive that any Òconstitutional relocationÓ exhibits a reappraisal of the whole world we live in.Õ Ð Pier Giueseppe Monateri, University of Turin, Italy Constitutional orders and legal regimes are established and changed through the importing and exporting of ideas and ideologies, norms, institutions and arguments. The contributions in this book discuss this assumption and address theoretical questions, methodological problems and political projects connected with the transfer of constitutions and law. Some of the chapters focus on the pathways, risks and side-effects of legal-constitutional transfers in specific situations, such as postcolonial societies and occupied territories. Others follow law beyond the official arenas into systems of legal pluralism, while others analyze how experimentalism generates hybrid constitutional orders. This interdisciplinary, multi-jurisdictional study will appeal to researchers, academics and advanced students in the fields of comparative constitutional law, comparative law and legal theory.
Author: Pravin Kumar Jha
Publisher: Pearson Education India
Published: 2012
Total Pages: 313
ISBN-13: 8131798879
DOWNLOAD EBOOK →Indian Politics in a Comparative Perspective is intended as a standard textbook for undergraduate students of political science. The book provides a handy reference tool to its readers by elucidating conceptual areas, furnishing established arguments and citing contemporary research works for a comprehensive knowledge of the subject. Carefully organized in ten well-researched chapters and examined from different vantage points, they weave a compelling story on the nature of Indian politics since the pre-Independence era to the making of our Constitution and gradually navigate to examine the impact of the growing role of religion and power structure in our political system. Indian Politics in a Comparative Perspective is an ideal read for anyone who is curious to understand the changing grammar of Indian politics.