The Informal Constitution

Author : Abhinav Chandrachud
Publisher : Oxford University Press
Page : 328 pages
File Size : 53,6 Mb
Release : 2020-11-30
Category : Law
ISBN : 9780190992996

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The Informal Constitution by Abhinav Chandrachud Pdf

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.

Author : Donald Barr Chidsey
Publisher : Unknown
Page : 128 pages
File Size : 44,5 Mb
Release : 1964
Category : Electronic
ISBN : OCLC:500221439

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The Birth of the Constitution by Donald Barr Chidsey Pdf

Author : Abhinav Chandrachud
Publisher : Unknown
Page : 320 pages
File Size : 52,9 Mb
Release : 2020-07-16
Category : Electronic
ISBN : 019012766X

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The Informal Constitution by Abhinav Chandrachud Pdf

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.

Author : Fred Lee
Publisher : Temple University Press
Page : 0 pages
File Size : 43,8 Mb
Release : 2018-09-07
Category : Philosophy
ISBN : 143991575X

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Extraordinary Racial Politics by Fred Lee Pdf

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.

Author : Richard Albert
Publisher : Oxford University Press
Page : 320 pages
File Size : 47,8 Mb
Release : 2019-07-15
Category : Law
ISBN : 9780190640491

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Constitutional Amendments by Richard Albert Pdf

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.

Author : Xenophōn I. Kontiadēs
Publisher : Routledge
Page : 490 pages
File Size : 49,7 Mb
Release : 2013
Category : Law
ISBN : 9780415529761

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Engineering Constitutional Change by Xenophōn I. Kontiadēs Pdf

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.

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 348 pages
File Size : 44,9 Mb
Release : 2016-01-01
Category : Law
ISBN : 9781442628731

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Constitutional Amendment in Canada by Emmett Macfarlane Pdf

Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 469 pages
File Size : 53,9 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020978

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Routledge Handbook of Comparative Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf

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.

Author : Akhil Reed Amar,Akhil Amar
Publisher : Basic Books
Page : 640 pages
File Size : 43,7 Mb
Release : 2012-09-11
Category : Law
ISBN : 9780465033096

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America's Unwritten Constitution by Akhil Reed Amar,Akhil Amar Pdf

Explores the little-understood relationship between the written Constitution and the many external factors that shape the interpretations of this foundational document.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 228 pages
File Size : 45,7 Mb
Release : 2021-04-01
Category : Law
ISBN : 9780774866248

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Constitutional Pariah by Emmett Macfarlane Pdf

The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.

Author : Miguel Nogueira de Brito,Luís Pereira Coutinho
Publisher : Springer Nature
Page : 185 pages
File Size : 54,6 Mb
Release : 2020-03-21
Category : Law
ISBN : 9783030384593

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The Political Dimension of Constitutional Law by Miguel Nogueira de Brito,Luís Pereira Coutinho Pdf

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.

Author : Arun K Thiruvengadam
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 40,6 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.

Author : Bulmer, W.
Publisher : Policy Press
Page : 302 pages
File Size : 43,5 Mb
Release : 2020-10-23
Category : Political Science
ISBN : 9781529200669

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Westminster and the World by Bulmer, W. Pdf

Constitutional scholar Elliot Bulmer considers what Britain might learn from Westminster-derived constitutions around the world. Exploring the principles of Westminster Model constitutions and their impact on democracy, human rights and good government, this book builds to a bold re-imagining of the United Kingdom’s future written framework.

Author : Jennifer Brick Murtazashvili
Publisher : Cambridge University Press
Page : 365 pages
File Size : 48,9 Mb
Release : 2016-04-21
Category : History
ISBN : 9781107113992

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Informal Order and the State in Afghanistan by Jennifer Brick Murtazashvili Pdf

Despite vast efforts to build the state, profound political order in rural Afghanistan is maintained by self-governing, customary organizations. Informal Order and the State in Afghanistan explores the rules governing these organizations to explain why they can provide public goods. Instead of withering during decades of conflict, customary authority adapted to become more responsive and deliberative. Drawing on hundreds of interviews and observations from dozens of villages across Afghanistan, and statistical analysis of nationally representative surveys, Jennifer Brick Murtazashvili demonstrates that such authority enhances citizen support for democracy, enabling the rule of law by providing citizens with a bulwark of defence against predatory state officials. Contrary to conventional wisdom, it shows that 'traditional' order does not impede the development of the state because even the most independent-minded communities see a need for a central government - but question its effectiveness when it attempts to rule them directly and without substantive consultation.

Author : Karolina M. Milewicz
Publisher : Cambridge University Press
Page : 373 pages
File Size : 55,9 Mb
Release : 2020-07-23
Category : Law
ISBN : 9781108835091

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Constitutionalizing World Politics by Karolina M. Milewicz Pdf

Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.