Fundamental Rights And Their Enforcement
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Fundamental Rights And Their Enforcement
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Author : Udai Raj Rai
language : en
Publisher: PHI Learning Pvt. Ltd.
Release Date : 2011
Fundamental Rights And Their Enforcement written by Udai Raj Rai and has been published by PHI Learning Pvt. Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Center for Public Policy and Governance categories.
La 4e de couverture indique : "India is credited with having one of the finest democratic constitutions in the world. And rightly so. For, even though the Indian Constitution has undergone many amendments and has been subjected to a lot of criticism, it has stood the test of time and has emerged as the beacon of hope, ensuring liberty, equality and justice to the citizens. It is in this context this comprehensive and systemically organized book on Fundamental Rights and Their Enforcement, written by Prof. Udai Raj Rai, an eminent academic with great legal acumen, becomes so significant. The book is a study on the fundamental rights guaranteed under Part III of the Constitution. Divided into 15 chapters aEUR" each chapter is again divided into parts aEUR" the book discusses in detail Liberty-based rights such as right to freedom of expression and other article 19 rights; life and personal liberty; preventive detention, capital punishment and prisoneraEUR s rights; and freedom of religion. Then it goes on to give an in-depth analysis of Equality-based rights aEUR" equality before law; non-discrimination and equal opportunity; social reservation; Liberty and Equality-based-rights aEUR" social equality and right to education as well as minority rights to establish and administer educational institutions. The book concludes with a comprehensive coverage on reach of fundamental rights; its violation; enforcement of the rights; Directive Principles of State Policy; and the fundamental duties of citizens. The book being a juridical study, the emphasis throughout is on analytical and critical study of important Supreme Court judgments. So, such major judgments as A.K. Gopalan and Maneka are highlighted. The distinction between pre-Maneka and post-Maneka jurisprudence is also clearly brought out. Besides, there is an elaborate discussion on the right to information, special problems regarding media freedom, and the Law of Contempt of Court which, the author feels, needs amendment. This well-balanced and well-researched book is intended as a text for postgraduate students of law (LL.M.) and as a reference for undergraduate students of law (LL.B., BA LL.B.). It should also serve as a valuable reference to lawyers, judges, and the teaching community. KEY FEATURES : Gives an analytical and critical study of Supreme Court judgments in relation to fundamental rights. Highlights the need for testing the laws on the touchstone of Secularism. Shows the need for balancing the StateaEUR s regulatory power and educational rights of the minorities. Gives recent Supreme Court decisions in the Addenda at the end of the book"
Basic Rights And Their Enforcement
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Author : Thomas Broun Smith
language : en
Publisher:
Release Date : 1979
Basic Rights And Their Enforcement written by Thomas Broun Smith and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Civil rights categories.
Poverty And Fundamental Rights
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Author : David Bilchitz
language : en
Publisher: OUP Oxford
Release Date : 2007-02-22
Poverty And Fundamental Rights written by David Bilchitz and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-22 with Law categories.
This book addresses the pressing issue of severe poverty and inequality, and questions why violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to even basic shelter, food or health care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus on the right to food, to housing, and to health care. Part I involves the development of a philosophical theory of rights that provides a common normative foundation for both civil and political rights and socio-economic rights. This theory involves developing an understanding of value that recognizes individuals have fundamental interests of differing levels of urgency. It also involves drawing an important distinction between conditional rights that flow purely from a normative focus on the equal importance of individuals and unconditional rights that involve competing normative and pragmatic considerations. A general theory of judicial review is also put forward that provides a justification for judicial involvement in the enforcement of socio-economic rights. Part II then considers the implications of this general philosophical theory for the interpretation and enforcement of socio-economic rights in law. The focus of this more applied discussion is upon South Africa, where entrenched, directly justiciable socio-economic rights are expressly protected in the constitution. The current approach of the South African Constitutional Court to their interpretation and enforcement is considered and criticized primarily for failing to provide sufficient content to such rights. A modified version of the minimum core approach to socio-economic rights is proposed as an alternative way which is supported by the philosophical theory developed in the first part of the book. This approach requires priority to be given to the worst off in society through placing a heavy burden of justification on any society that fails to meet the minimal interests of individuals. It also requires concrete steps to be taken towards realising a higher level of provision that guarantees individuals the necessary conditions for realising a wide range of purposes. This is also shown to have important policy implications both for developing and developed countries that can, it is hoped, assist in creating an urgency and commitment towards eradicating extreme poverty.
Interpretation Enforcement Of Fundamental Rights
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Author : D. J. De
language : en
Publisher:
Release Date : 2000-01-01
Interpretation Enforcement Of Fundamental Rights written by D. J. De and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-01-01 with Civil rights categories.
With reference to India.
Enforcement Of Human Rights
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Author : Nagendra Singh
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1986
Enforcement Of Human Rights written by Nagendra Singh and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986 with Political Science categories.
Equality in law between men & women in the European Community is an integral part of the EC's social policy & crucial to its economic & social cohesion. This 15-Volume Encyclopedia analyses the legal framework for equal opportunities which now exists in the Community due to the adoption of EC Directives on equal treatment, equal pay & social security, & to the work of the European Court of Justice in this area. It looks at how the EC Directives have been implemented & interpreted in each Member State, & at the other legislative & constitutional provisions affecting the principle of equality. All the principal legal provisions are reproduced or translated. Extracts from or digests of national case law are also included. Each volume is structured so that Member States's provisions on equality can be directly compared. The editors of this Encyclopedia are Michel Verwilghen , Professeur ordinaire a la Faculte de Droit, Universite catholique de Louvain , & Ferdinand von Prondzynski , Professor of Law & Dean of the Law School, University of Hull .
Fundamental Rights Enforcement
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Author : Femi Falana
language : en
Publisher:
Release Date : 2004
Fundamental Rights Enforcement written by Femi Falana and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Civil rights categories.
Enforcement Of Human Rights
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Author : Parmanand Parashar
language : en
Publisher:
Release Date : 2001
Enforcement Of Human Rights written by Parmanand Parashar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Human rights categories.
Human Rights are essentially a product of democracy. Man s struggle against tyranny has been long and sustained. Tyranny has, from time to time, surfaced indifferent forms and modes. Human beings have always tried to assert their right, more often than not successfully; sometimes there has been a dismal failure. Onslaught on human rights continues. So does man s struggle against tyranny. During the Renaissance period, and the era of industrialisation, the concept of human rights and their enforcement began taking shape in the West. From thereon it took the roots in other parts of the world. However, as the colonial masters of Asia and Africa Western nations grossly maltreated their subject people, the history of colonialism is full of instances of massacres , ruthless oppressions, killings and heinous crimes. But it was after 2nd World War and Nuremberg Trials, and the formation of United Nations and its various covenants that the enforcement of human rights began on proper lines. This book discusses the various facets of Human Rights, their legal, social political and economic aspects of enforcement in a detailed manner. There is a chapter on National Commission on Human Rights of India too, to let the reader know about the commission activity in India for protection of Human rights. We hope the readers, academicians, lawyers, NGOs working in the field of Human Rights, and law enforcement agencies will find the book of great value.
Fundamental Rights And Personal Liberty In India Pakistan And Bangladesh
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Author : A. B. M. Mafizul Islam Patwari
language : en
Publisher:
Release Date : 1988
Fundamental Rights And Personal Liberty In India Pakistan And Bangladesh written by A. B. M. Mafizul Islam Patwari and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Civil rights categories.
Rule Of Law And Fundamental Rights
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Author : Alfredo Narváez Medécigo
language : en
Publisher: Springer
Release Date : 2015-11-07
Rule Of Law And Fundamental Rights written by Alfredo Narváez Medécigo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-07 with Law categories.
This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.
Procedures For Enforcement Of Fundamental Rights Under The Fundamental Rights Enforcement Procedure Rules 2009
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Author : Jerry Amadi
language : en
Publisher:
Release Date : 2020
Procedures For Enforcement Of Fundamental Rights Under The Fundamental Rights Enforcement Procedure Rules 2009 written by Jerry Amadi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with categories.