The Informal Constitution
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The Informal Constitution
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Author : Abhinav Chandrachud
language : en
Publisher: Oxford University Press
Release Date : 2020-11-30
The Informal Constitution written by Abhinav Chandrachud and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-30 with Law categories.
Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria which are used for appointing judges to the Supreme Court: age, seniority, and diversity. The author examines debates surrounding the Indian judicial system since the institution of the federal court during the British Raj. This leads to a study of the political developments that resulted in the present 'collegium system' of appointing judges to the Supreme Court of India. Based on more than two dozen interviews personally conducted by the author with former judges of the Supreme Court of India, this book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
The Informal Constitution
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Author : Abhinav Chandrachud
language : en
Publisher:
Release Date : 2020-07-16
The Informal Constitution written by Abhinav Chandrachud and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-16 with categories.
Enacted for historical reasons on 26 January 1950, the Constitution of India provided that the Supreme Court of India, situated in New Delhi, was to have one Chief Justice of India, and not more than seven judges. Today, the Court has 33 judges in addition to the Chief Justice of India. But who are these judges, and where did they come from? Its central thesis is that despite all established formal constitutional requirements, there are three informal criteria whichare used for appointing judges to the Supreme Court: age, seniority, and diversity. This book uniquely brings to the fore the unwritten criteria that have determined the selection of judges to the highest court of law in this country for over six decades.
The Birth Of The Constitution
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Author : Donald Barr Chidsey
language : en
Publisher:
Release Date : 1964
The Birth Of The Constitution written by Donald Barr Chidsey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1964 with categories.
Extraordinary Racial Politics
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Author : Fred Lee
language : en
Publisher: Temple University Press
Release Date : 2018-09-07
Extraordinary Racial Politics written by Fred Lee and has been published by Temple University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-07 with Philosophy categories.
Extraordinary racial politics rupture out of and reset everyday racial politics. In his cogent book, Fred Lee examines four unusual, episodic, and transformative moments in U.S. history: the 1830s–1840s southeastern Indian removals, the Japanese internment during World War II, the post-war civil rights movement, and the 1960s–1970s racial empowerment movements. Lee helps us connect these extraordinary events to both prior and subsequent everyday conflicts. Extraordinary Racial Politics brings about an intellectual exchange between ethnic studies, which focuses on quotidian experiences and negotiations, and political theory, which emphasizes historical crises and breaks. In ethnic studies, Lee draws out the extraordinary moments in Michael Omi and Howard Winant’s as well as Charles Mills’s accounts of racial formation. In political theory, Lee considers the strengths and weaknesses of using Carl Schmitt’s and Hannah Arendt’s accounts of public constitution to study racial power. Lee concludes that extraordinary racial politics represent both the promises of social emancipation and the perils of state power. This promise and peril characterizes our contentious racial present.
Routledge Handbook Of Comparative Constitutional Change
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Author : Xenophon Contiades
language : en
Publisher: Routledge
Release Date : 2020-06-11
Routledge Handbook Of Comparative Constitutional Change written by Xenophon Contiades and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Constitutional Amendments
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Author : Richard Albert
language : en
Publisher: Oxford University Press
Release Date : 2019-07-15
Constitutional Amendments written by Richard Albert and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-15 with Law categories.
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Engineering Constitutional Change
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Author : Xenophōn I. Kontiadēs
language : en
Publisher: Routledge
Release Date : 2013
Engineering Constitutional Change written by Xenophōn I. Kontiadēs and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Making Constitutions In Deeply Divided Societies
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Author : Hanna Lerner
language : en
Publisher: Cambridge University Press
Release Date : 2011-05-12
Making Constitutions In Deeply Divided Societies written by Hanna Lerner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-12 with Law categories.
How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
The Constitution Of Ireland
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Author : Oran Doyle
language : en
Publisher:
Release Date :
The Constitution Of Ireland written by Oran Doyle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Civil rights categories.
"The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity."--
The Political Dimension Of Constitutional Law
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Author : Miguel Nogueira de Brito
language : en
Publisher: Springer Nature
Release Date : 2020-03-21
The Political Dimension Of Constitutional Law written by Miguel Nogueira de Brito and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-21 with Law categories.
This book discusses in what sense constitutional law has a political dimension, raising the question whether constitutional law is fundamentally political as to its validity, terms of its origin, conceptual structure and/or corresponding practice. It also poses the question whether that dimension is a political-theological dimension. A positive answer to these questions challenges the prevailing view that constitutional law is to be conceived strictly as law, moreover as written law, approved at a certain point in history by a particular power and interpreted as any other law by the judiciary. The essays included in this book, written by leading scholars in constitutional theory – including Martin Loughlin, Paul Kahn, Manon Altwegg-Boussac and Massimo La Torre – address these questions in a timely and original way.