Law And Democracy In Contemporary India

Author : Tatsuya Yamamoto,Tomoaki Ueda
Publisher : Springer
Page : 222 pages
File Size : 51,5 Mb
Release : 2018-11-27
Category : Political Science
ISBN : 9783319958378

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Law and Democracy in Contemporary India by Tatsuya Yamamoto,Tomoaki Ueda Pdf

This book analyses legal orders, actors and democracy in contemporary India, with a particular focus on the everyday contexts and dynamics of human rights, citizenship and socio-economic rights and laws. The contributions explore both ‘institutionalization from above’, where the judiciary and legislative body aim to govern people, and ‘institutionalization from below’, where the governed attempt to expand their substantive rights embedded within their everyday lives. This analysis identifies contact zones between the two directions, which act as spaces for democratic participation and negotiation. Such a perspective should be useful to both those who are interested in Indian politics, and anthropologists and sociologists working on dynamics of laws and rights.

Author : Melvil Pereira,Bitopi Dutta,Binita Kakati
Publisher : Taylor & Francis
Page : 294 pages
File Size : 52,5 Mb
Release : 2017-07-28
Category : Social Science
ISBN : 9781351403665

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Legal Pluralism and Indian Democracy by Melvil Pereira,Bitopi Dutta,Binita Kakati Pdf

This book offers a multifaceted look at Northeast India and the customs and traditions that underpin its legal framework. The book: charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernising region; explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law’s continuing popularity (both pragmatic and ideological) and common law; brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women’s rights. Part of the prestigious ‘Transition in Northeastern India’ series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India, legal scholars and students of tribal law, and members of customary law courts of various tribal communities in Northeast India.

Author : Ujjwal Kumar Singh
Publisher : SAGE
Page : 360 pages
File Size : 48,5 Mb
Release : 2007-01-12
Category : Law
ISBN : 0761935185

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The State, Democracy and Anti-Terror Laws in India by Ujjwal Kumar Singh Pdf

Laws like the Prevention of Terrorism Act (POTA) are enacted to address what the state describes as extraordinary situations and put in place exceptions to the ordinary legal and judicial procedures. By examining public debates surrounding extraordinary laws like POTA and the Terrorist and Disruptive Activities (Prevention) Act (TADA) and also specific cases, trials and judgements under the Acts, the author - argues that extraordinary laws have ramifications for people’s lives, political institutions, the rule of law and democratic functioning; - shows how such laws assume ‘normalcy’ and acquire a place of permanence in state practices; and - examines the ways in which such extraordinary laws manifest dominant configurations of political power and ideology. While exploring the unfolding of POTA in specific contexts, the book shows how the law was enmeshed in the politics of Hindutva, electoral and coalition politics, centre-state relations, the politics of repression and reconciliation against nationality struggles, and issues of poverty and development.

Author : Niraja Gopal Jayal
Publisher : Unknown
Page : 304 pages
File Size : 47,5 Mb
Release : 2001
Category : Democracy
ISBN : UOM:39015054184976

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Democracy and the State by Niraja Gopal Jayal Pdf

This study examines the relationship between state, society and democracy in India over the last decade of the 20th century, by exploring how the Indian state has fared vis-a-vis its three major goals in independent India: welfare, secularism and development. In exploring some aspects of the discursive terrain of Indian politics, the book provides a narrative which bridges the gap between political theory and empirical political analysis.

Author : Madhav Khosla
Publisher : Unknown
Page : 241 pages
File Size : 43,6 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"--

Author : Philipp Dann
Publisher : Edward Elgar Publishing
Page : 320 pages
File Size : 47,5 Mb
Release : 2021-02-26
Category : Law
ISBN : 9781789901573

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Democratic Constitutionalism in India and the European Union by Philipp Dann Pdf

Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.

Author : Glenn Patmore,Kim Rubenstein
Publisher : ANU Press
Page : 183 pages
File Size : 41,7 Mb
Release : 2014-12-24
Category : Law
ISBN : 9781925022063

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Law and Democracy by Glenn Patmore,Kim Rubenstein Pdf

Law and Democracy: Contemporary Questions provides a fresh understanding of law’s regulation of Australian democracy. The book enriches public law scholarship, deepening and challenging the current conceptions of law’s regulation of popular participation and legal representation. The book raises and addresses a number of contemporary questions about legal institutions, principles and practices: How should the meaning of ‘the people’ in the Australian Constitution be defined by the High Court of Australia?How do developing judicial conceptions of democracy define citizenship?What is the legal right to participate in the political community?Should political advisors to Ministers be subject to legal accountability mechanisms?What challenges do applied law schemes pose to notions of responsible government and how can they be best addressed?How can the study of the ritual of electoral politics in Australia and other common law countries supplement the standard account of democracy?How might the ritual of the pledge of Australian citizenship limit or enhance democratic participation?What is the conflict between legal restrictions of freedom of expression and democracy, and the role of social media? Examining the regulation of democracy, this book scrutinises the assumptions and scope of constitutional democracy and enhances our understanding of the frontiers of accountability and responsible government. In addition, key issues of law, culture and democracy are revealed in their socio-legal context. The book brings together emerging and established scholars and practitioners with expertise in public law. It will be of interest to those studying law, politics, cultural studies and contemporary history.

Author : Shivalingappa A. Palekar
Publisher : Unknown
Page : 460 pages
File Size : 48,6 Mb
Release : 2002
Category : Democracy
ISBN : UOM:39015059981541

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Constitution and Parliamentary Democracy in Contemporary India by Shivalingappa A. Palekar Pdf

Author : Tirthankar Roy,Anand V. Swamy
Publisher : University of Chicago Press
Page : 309 pages
File Size : 53,9 Mb
Release : 2022-02-08
Category : Business & Economics
ISBN : 9780226799148

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Law and the Economy in a Young Democracy by Tirthankar Roy,Anand V. Swamy Pdf

An essential history of India's economic growth since 1947, including the legal reforms that have shaped the country in the shadow of colonial rule. Economists have long lamented how the inefficiency of India's legal system undermines the country’s economic capacity. How has this come to be? The prevailing explanation is that the postcolonial legal system is understaffed and under-resourced, making adjudication and contract enforcement slow and costly. Taking this as given, Law and the Economy in a Young Democracy examines the contents and historical antecedents of these laws, including how they have stifled economic development. Economists Roy and Swamy argue that legal evolution in independent India has been shaped by three factors: the desire to reduce inequality and poverty; the suspicion that market activity, both domestic and international, can be detrimental to these goals; and the strengthening of Indian democracy over time, giving voice to a growing fraction of society, including the poor. Weaving the story of India's heralded economic transformation with its social and political history, Roy and Swamy show how inadequate legal infrastructure has been a key impediment to the country's economic growth during the last century. A stirring and authoritative history of a nation rife with contradictions, Law and the Economy in a Young Democracy is essential reading for anyone seeking to understand India's current crossroads—and the factors that may keep its dreams unrealized.

Author : Melvil Pereira,Bitopi Dutta,Binita Kakati
Publisher : Routledge Chapman & Hall
Page : 337 pages
File Size : 53,9 Mb
Release : 2018
Category : Electronic
ISBN : 1138106194

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Legal Pluralism and Indian Democracy by Melvil Pereira,Bitopi Dutta,Binita Kakati Pdf

This book offers a multifaceted look at Northeast India, and the customs and traditions that underpin its legal framework. The book: - charts the transition of traditions from colonial rule to present day, through constitutionalism and the consolidation of autonomous identities, as well as outlines contemporary debates in an increasingly modernizing region; - explores the theoretical context of legal pluralism and its implications, compares the personal legal systems with that of the mainland, and discusses customary law's continuing popularity (both pragmatic and ideological) and common law; - brings together case studies from across the eight states and focuses on the way individual systems and procedures manifest among various tribes and communities in the voices of tribal and non-tribal scholars; and - highlights the resilience and relevance of alternative systems of redressal, including conflict resolution and women's rights. Part of the prestigious 'Transition in Northeastern India' series, this book presents an interesting blend of theory and practice, key case studies and examples to study legal pluralism in multicultural contexts. It will be of great interest to students of law and social sciences, anthropology, political science, peace and conflict studies, besides administrators, judicial officers and lawyers in Northeast India; legal scholars and students of tribal law; and members of customary law courts of various tribal communities in Northeast India.

Author : Philipp Dann,Arun Thiruvengadam
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 43,7 Mb
Release : 2021-02-28
Category : Electronic
ISBN : 1789901561

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Democratic Constitutionalism in India and the European Union by Philipp Dann,Arun Thiruvengadam Pdf

Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has been long neglected in comparative constitutional studies. This timely and invigorating book showcases a novel comparative approach termed 'slow comparison', counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges. This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.

Author : Dag-Erik Berg
Publisher : Cambridge University Press
Page : 263 pages
File Size : 43,5 Mb
Release : 2020-02-27
Category : Law
ISBN : 9781108489874

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Dynamics of Caste and Law: Dalits, Oppression and Constitutional Democracy in India by Dag-Erik Berg Pdf

The book explains how questions of caste and law involve persistent challenges concerning inequality and democracy in India's postcolonial state.

Author : Devesh Kapur,Madhav Khosla
Publisher : Bloomsbury Publishing
Page : 475 pages
File Size : 48,9 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509927739

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Regulation in India: Design, Capacity, Performance by Devesh Kapur,Madhav Khosla Pdf

The rise of the regulatory state has been a major feature of modern constitutional democracies. India, the world's largest democracy, is no exception to this trend. This book is the first major study of regulation in India. It considers how the development of regulation in India has altered the nature and functions of the state; how it is reshaping the relationship between business and the state; how it has called for the refashioning of established legal principles; and how it has raised new questions about the relationship between technical expertise and the rule of law. The chapters cover topics ranging from the foundations of the Indian regulatory state to the form of regulation across different sectors to regulation in practice. Together, the chapters reveal the challenges, promise, and limitations offered by contemporary regulatory practices, and they capture the close if sometimes fraught relationship that regulation must inevitably share with the political economy and constitutional schema within which it operates.

Author : Madhav Khosla
Publisher : OUP India
Page : 216 pages
File Size : 45,5 Mb
Release : 2012-08-16
Category : Political Science
ISBN : 9780198075387

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The Indian Constitution by Madhav Khosla Pdf

The Indian Constitution is one of the world's most important and longest political texts. This short introduction presents an illuminating tour of the text, explaining not only what the Constitution says but also inviting readers to think critically about the theory and practice of constitutionalism in modern India.

Author : Chris Thornhill
Publisher : Cambridge University Press
Page : 599 pages
File Size : 40,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107199903

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The Sociology of Law and the Global Transformation of Democracy by Chris Thornhill Pdf

Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.