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This collection of articles, from leading Indian newspapers and periodicals, covers the politically tumultuous years between 1989 and 1999 and scrutinizes almost every constitutional problem that arose in this period.
In Indian context.
An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice.
Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.
This omnibus brings together two highly acclaimed volumes of essays written by India's leading constitutional expert and political commentator, A.G. Noorani. The volume also includes nine new essays that examine key issue areas that emerged in the debate on institutions and citizens' rights later. The essays explore the Indian Constitution and its basic structure, Parliament and the making of foreign policy, the issue of lobbying and the need for appropriate legislation, as also ethical codes for parliamentarians and ministers. Further, the omnibus includes a discussion of Courts and their powers of contempt, journalist's rights and freedom of information, in addition to an analysis of the choice of candidates by political parties. Written in the author's trademark lucid style, Constitutional Questions in India scrutinizes almost every constitutional problem that arose in the last two decades. The essays in this volume deal with issues concerning the President, Parliament, the states, the Judiciary, the Civil Services, the Election Commission, the armed forces and the process of accountability on which the constitutional machinery is based. Citizens' Rights, Judges and State Accountability follows the discussion of the executive and legislative branches with a discussion of India's institutions, the Judiciary, Civil Services and the elections, and various commissions of enquiry constituted by the government. It is supplemented with insights into the freedom of information and the citizen's rights to know, and specific articles on the Constitution, parliamentary resolutions, foreign policy, and the armed forces. While highlighting the process of accountability across these institutions, the volume demonstrates how citizens can assert their rights in the face of institutional disinterest and injustice.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.