Challenges To Civil Rights Guarantees In India
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| Author | : A.G. Noorani |
| Publisher | : Oxford University Press |
| Total Pages | : 216 |
| Release | : 2011-10-13 |
| Genre | : Law |
| ISBN | : 0199088578 |
The civil rights of Indian citizens are guaranteed both in the Indian Constitution and through the State's international commitments. Despite these guarantees, the civil rights framework encounters numerous challenges from the State—problematic counter-terrorism laws, continuation of the death penalty, misuse of arrest and preventive detention powers, lack of implementation, and impunity. Through nine incisive essays on both traditional and emerging issues, this volume examines the prevailing imbalance between individual rights and State power. Many laws designed to protect the State do little more than protect State power at the expense of her citizens, directly flouting the Constitution, international law, and democratic principles. The authors critically analyse most of these laws, examining their justifications, background debates, and evolution, along with how they violate constitutional and international law. Taking into account relevant and contemporary comparative case law and developments in international law, this book makes a strong case for bold legal reforms and suggests various measures for improvement.
| Author | : |
| Publisher | : |
| Total Pages | : 96 |
| Release | : 2002 |
| Genre | : Civil rights |
| ISBN | : |
| Author | : Javaid Rehman |
| Publisher | : BRILL |
| Total Pages | : 489 |
| Release | : 2021-08-09 |
| Genre | : Law |
| ISBN | : 9004466185 |
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
| Author | : Kevin YL Tan |
| Publisher | : BRILL |
| Total Pages | : 376 |
| Release | : 2019-07-01 |
| Genre | : Law |
| ISBN | : 9004379738 |
Launched in 1991, the Asian Yearbook of International Law is a major internationally-refereed yearbook dedicated to international legal issues as seen primarily from an Asian perspective. It is published under the auspices of the Foundation for the Development of International Law in Asia (DILA) in collaboration with DILA-Korea, the Secretariat of DILA, in South Korea. When it was launched, the Yearbook was the first publication of its kind, edited by a team of leading international law scholars from across Asia. It provides a forum for the publication of articles in the field of international law and other Asian international legal topics. The objectives of the Yearbook are two-fold. First, to promote research, study and writing in the field of international law in Asia; and second, to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. Each volume of the Yearbook contains articles and shorter notes; a section on Asian state practice; an overview of the Asian states’ participation in multilateral treaties and succinct analysis of recent international legal developments in Asia; a bibliography that provides information on books, articles, notes, and other materials dealing with international law in Asia; as well as book reviews. This publication is important for anyone working on international law and in Asian studies.
| Author | : Shashikala Gurpur |
| Publisher | : Taylor & Francis |
| Total Pages | : 202 |
| Release | : 2025-01-27 |
| Genre | : Business & Economics |
| ISBN | : 1040267920 |
Symbiosis Conference on Rule of Law in Context (SYMROLIC) represents the point of arrival of Faculty of Law, SIU to maturity with its own imprint in the world of legal research. It is an interdisciplinary conference which emphasizes Law & Life Interface in the spheres of Innovation, Science, Technology, Management, Human Behavior, Global Policy, Governance and Climate Change. Among the special features of this conference are the Plenary Session and Track 4 – which focus on Legal Road to Sustainable Development Goals: Global and Indian Route and EU Climate Justice Law, Governance, Management and Policy, respectively. The conference along with other tracks will also have a track on European Legal Studies In line with the lead research trends, this conference addresses the need for narrowing the gap between the idea and reality of a rule of law society.
| Author | : Hallie Ludsin |
| Publisher | : Cambridge University Press |
| Total Pages | : 446 |
| Release | : 2016-01-08 |
| Genre | : Political Science |
| ISBN | : 1316597989 |
Preventive Detention and the Democratic State tracks the transformation of preventive detention from an emergency measure into an ordinary law enforcement tool in the democratic world. Historically, democracies used preventive detention only in the extraordinary circumstance in which the criminal justice system was impotent. They preferred criminal prosecution and its strict due process requirements to detaining people for a crime they may never commit. This book shows that major democracies have begun using detention as an insurance policy against dangerous people. In the process, they have embarked on a slippery slope that allows them to use preventive detention to bypass the criminal justice system. Already, detention has established a separate, inferior legal system for certain suspected criminals. Comparing preventive detention in India, England and the United States, the book brings to light its potentially dire consequences for the rule of law, due process rights and democratic principles based on the very real experiences of these countries.
| Author | : Oishik Sircar |
| Publisher | : Cambridge University Press |
| Total Pages | : 362 |
| Release | : 2024-05-31 |
| Genre | : History |
| ISBN | : 1316512819 |
Investigation into how a shared narrative of law and cinema produces ways of collectively remembering mass violence in postcolonial India.
| Author | : Patrick Hoenig |
| Publisher | : Zubaan |
| Total Pages | : 430 |
| Release | : 2014-07-04 |
| Genre | : Social Science |
| ISBN | : 9383074957 |
Drawing on the findings of a comparative research project, this volume tackles a set of intricate questions about the workings of impunity in India. How do victims of abuse and survivors of sexual violence end up being denied justice? What do those on the margins—those with the wrong sex, wrong identity markers, wrong political leanings— tell us about violence by state and non-state actors? Bringing together senior academics, civil society leaders and fresh voices from the across India, the volume offers analysis — contextual, structural and gendered — and breaks new conceptual ground on the underbelly of India Shining. The volume contains testimonies that were collected during fieldwork in four Indian states. Published by Zubaan.
| Author | : Andrew Novak |
| Publisher | : Routledge |
| Total Pages | : 200 |
| Release | : 2016-03-16 |
| Genre | : Political Science |
| ISBN | : 1317030273 |
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
| Author | : Katharine G. Young |
| Publisher | : Cambridge University Press |
| Total Pages | : 711 |
| Release | : 2019-04-11 |
| Genre | : Law |
| ISBN | : 1108418139 |
Captures significant transformations in the theory and practice of economic and social rights in constitutional and human rights law.
