India S Living Constitution

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India's Living Constitution

Zoya Hasan,Eswaran Sridharan,R. Sudarshan
India s Living Constitution Book PDF

Author : Zoya Hasan,Eswaran Sridharan,R. Sudarshan
Publisher : Anthem Press
Page : 242 pages
File Size : 50,8 Mb
Release : 2005
Category : Law
ISBN : 9781843311379

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India's Living Constitution by Zoya Hasan,Eswaran Sridharan,R. Sudarshan Pdf

India became independent in 1947 and, after nearly three years of debate in the Constituent Assembly, adopted a Constitution that came into effect on 26 January 1950. This Constitution has lasted until the present, with its basic structure unaltered, a remarkable achievement given that the generally accepted prerequisites for democratic stability did not exist, and do not exist even today. Half a century of constitutional democracy is something that political scientists and legal scholars need to analyze and explain. This volume examines the career of constitutional-political ideas (implicitly of Western origin) in the text of the Indian Constitution or implicit within it, as well as in actual political practice in the country over the past half-century.

A People's Constitution

Rohit De
A People s Constitution Book PDF

Author : Rohit De
Publisher : Princeton University Press
Page : 308 pages
File Size : 49,6 Mb
Release : 2020-08-04
Category : History
ISBN : 9780691210384

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A People's Constitution by Rohit De Pdf

It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

India's Living Constitution

Zoya Hasan,Eswaran Sridharan,R. Sudarshan
India s Living Constitution Book PDF

Author : Zoya Hasan,Eswaran Sridharan,R. Sudarshan
Publisher : Anthem Press
Page : 242 pages
File Size : 43,7 Mb
Release : 2005
Category : Law
ISBN : 9781843311362

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India's Living Constitution by Zoya Hasan,Eswaran Sridharan,R. Sudarshan Pdf

India became independent in 1947 and, after nearly three years of debate in the Constituent Assembly, adopted a Constitution that came into effect on 26 January 1950. This Constitution has lasted until the present, with its basic structure unaltered, a remarkable achievement given that the generally accepted prerequisites for democratic stability did not exist, and do not exist even today. Half a century of constitutional democracy is something that political scientists and legal scholars need to analyze and explain. This volume examines the career of constitutional-political ideas (implicitly of Western origin) in the text of the Indian Constitution or implicit within it, as well as in actual political practice in the country over the past half-century.

The Constitution of India

Arun K Thiruvengadam
The Constitution of India Book PDF

Author : Arun K Thiruvengadam
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 40,9 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781849468701

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The Constitution of India by Arun K Thiruvengadam Pdf

This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

India's Founding Moment

Madhav Khosla
India s Founding Moment Book PDF

Author : Madhav Khosla
Publisher : Unknown
Page : 241 pages
File Size : 40,6 Mb
Release : 2020
Category : Constitutional history
ISBN : 9780674980877

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India's Founding Moment by Madhav Khosla Pdf

"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

The Living Constitution

David A. Strauss
The Living Constitution Book PDF

Author : David A. Strauss
Publisher : Oxford University Press
Page : 176 pages
File Size : 52,5 Mb
Release : 2010-05-19
Category : Law
ISBN : 0199752532

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The Living Constitution by David A. Strauss Pdf

Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.

The English Constitution

Walter Bagehot
The English Constitution Book PDF

Author : Walter Bagehot
Publisher : Createspace Independent Publishing Platform
Page : 370 pages
File Size : 52,7 Mb
Release : 1867
Category : History
ISBN : NYPL:33433081652806

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The English Constitution by Walter Bagehot Pdf

There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.

The Living Presidency

Saikrishna Bangalore Prakash
The Living Presidency Book PDF

Author : Saikrishna Bangalore Prakash
Publisher : Harvard University Press
Page : 353 pages
File Size : 48,7 Mb
Release : 2020-04-21
Category : Political Science
ISBN : 9780674245211

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The Living Presidency by Saikrishna Bangalore Prakash Pdf

A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

On Reading the Constitution

Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe
On Reading the Constitution Book PDF

Author : Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe
Publisher : Harvard University Press
Page : 157 pages
File Size : 55,5 Mb
Release : 2009-06-30
Category : Political Science
ISBN : 9780674044456

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On Reading the Constitution by Laurence H. TRIBE,Michael C. Dorf,Laurence H Tribe Pdf

Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Constitution of India (Prabhat Prakashan)

Pratap Kumar Ghosh
Constitution of India Prabhat Prakashan Book PDF

Author : Pratap Kumar Ghosh
Publisher : Prabhat Prakashan
Page : 493 pages
File Size : 46,9 Mb
Release : 1966-01-01
Category : Study Aids
ISBN : 9789352664832

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Constitution of India (Prabhat Prakashan) by Pratap Kumar Ghosh Pdf

The book is arranged Article-wise and references have been given at the end of each chapter. As almost each Article of the Constitution has been judicially interpreted, the meaning determined by the judiciary has been explained along with the citation of the case. The bulk of the book has been kept moderate and essential information under each Article has been provided. To err is human and authors jointly own the responsibility for any error factual or otherwise. Contents of 'Constitution of India'

The Transformative Constitution

Gautam Bhatia
The Transformative Constitution Book PDF

Author : Gautam Bhatia
Publisher : Harper Collins
Page : 544 pages
File Size : 49,8 Mb
Release : 2019-02-28
Category : Law
ISBN : 9789353026851

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The Transformative Constitution by Gautam Bhatia Pdf

| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

We, The Children of India

Leila Seth
We The Children of India Book PDF

Author : Leila Seth
Publisher : Penguin UK
Page : 61 pages
File Size : 40,8 Mb
Release : 2011-01-05
Category : Electronic
ISBN : 9788184752533

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We, The Children of India by Leila Seth Pdf

We, the children of India— Former Chief Justice Leila Seth makes the words of the Preamble to the Constitution understandable to even the youngest reader. What is a democratic republic, why are we secular, what is sovereignty? Believing that it is never too early for young people to learn about the Constitution, she tackles these concepts and explains them in a manner everyone can grasp and enjoy. Accompanied by numerous photographs, captivating and inspiring illustrations by acclaimed illustrator Bindia Thapar, and delightful bits of trivia, We, the Children of India is essential reading for every young citizen.

Living Originalism

Jack M. Balkin
Living Originalism Book PDF

Author : Jack M. Balkin
Publisher : Harvard University Press
Page : 481 pages
File Size : 41,7 Mb
Release : 2011-11-29
Category : Law
ISBN : 9780674063037

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Living Originalism by Jack M. Balkin Pdf

Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

The Evangelical Origins of the Living Constitution

John W. Compton
The Evangelical Origins of the Living Constitution Book PDF

Author : John W. Compton
Publisher : Harvard University Press
Page : 272 pages
File Size : 44,9 Mb
Release : 2014-03-10
Category : Political Science
ISBN : 9780674419889

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The Evangelical Origins of the Living Constitution by John W. Compton Pdf

John Compton shows how evangelicals, not New Deal reformers, paved the way for the most important constitutional developments of the twentieth century. Their early-1800s crusade to destroy property that made immorality possible challenged founding-era legal protections of slavery, lotteries, and liquor sales and opened the door to progressivism.

Controlling the State

Scott GORDON,Scott Gordon
Controlling the State Book PDF

Author : Scott GORDON,Scott Gordon
Publisher : Harvard University Press
Page : 408 pages
File Size : 41,7 Mb
Release : 2009-06-30
Category : Political Science
ISBN : 9780674037830

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Controlling the State by Scott GORDON,Scott Gordon Pdf

This book examines the development of the theory and practice of constitutionalism, defined as a political system in which the coercive power of the state is controlled through a pluralistic distribution of political power. It explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America. From its beginning in Polybius' interpretation of the classical concept of mixed government, the author traces the theory of constitutionalism through its late medieval appearance in the Conciliar Movement of church reform and in the Huguenot defense of minority rights. After noting its suppression with the emergence of the nation-state and the Bodinian doctrine of sovereignty, the author describes how constitutionalism was revived in the English conflict between king and Parliament in the early Stuart era, and how it has developed since then into the modern concept of constitutional democracy.