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This Books Narrates The Use And Abuse Of Article 356 In An All India Context With Special Reference To Orissa Which Can Be Termed As A Laboratory For Political Experience.
The extension to other Realms of the reserve power to refuse a dissolution
Since 2007, the Supreme Court of Pakistan has emerged as a dominant force in Pakistani politics through its hyper-active use of judicial review, or the power to overrule Parliament’s laws and the Prime Minister’s acts. This hyper-activism was on display during the Supreme Court’s unilateral disqualification of Prime Minister Yousef Raza Gilani in 2012 under the leadership of Chief Justice Iftikhar Chaudhry. Despite the Supreme Court’s practical adoption of restraint subsequent to the retirement of Chief Justice Chaudhry in 2013, the Court has once again disqualified a prime minister, Nawaz Sharif, due to allegations of corruption in 2017. While many critics have focused on the substance of the Court’s decisions in these cases, sufficient focus is not paid to the amorphous case-selection process of the Supreme Court of Pakistan. In order to compare the relatively unregulated process of case-selection in Pakistan to the more structured processes utilized by the Supreme Courts of the United States’ and India, this book aims to understand the historical roots of judicial review in each country dating back to the colonial era extending through the foundational period of each nation impacting present-day jurisprudence. As a first in its kind, this study comparatively examines these periods of history in order to contextualize a practical prescription to standardize the case-selection process in the Supreme Court of Pakistan in a way that retains the Court’s overall power while limiting its involvement in purely political issues. This publication offers a critical and comparative view of the Supreme Court of Pakistan’s recent involvement in political disputes due to the lack of a discerning case-selection system that has otherwise been adopted by the Supreme Courts of India and the United States’ to varying degrees. It will be of interest to academics in the fields of Asian Law, South Asian Politics and Law and Comparative Law.
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 3 is Law, Gender and Sexuality.
Paul Kennedy's classic naval history, now updated with a new introduction by the author This acclaimed book traces Britain's rise and fall as a sea power from the Tudors to the present day. Challenging the traditional view that the British are natural 'sons of the waves', he suggests instead that the country's fortunes as a significant maritime force have always been bound up with its economic growth. In doing so, he contributes significantly to the centuries-long debate between 'continental' and 'maritime' schools of strategy over Britain's policy in times of war. Setting British naval history within a framework of national, international, economic, political and strategic considerations, he offers a fresh approach to one of the central questions in British history. A new introduction extends his analysis into the twenty-first century and reflects on current American and Chinese ambitions for naval mastery. 'Excellent and stimulating' Correlli Barnett 'The first scholar to have set the sweep of British Naval history against the background of economic history' Michael Howard, Sunday Times 'By far the best study that has ever been done on the subject ... a sparkling and apt quotation on practically every page' Daniel A. Baugh, International History Review 'The best single-volume study of Britain and her naval past now available to us' Jon Sumida, Journal of Modern History
Dynamics of the Institution of Governor in India The Constitution of India is based on the principle of federalism with a strong bias towards strong Center. The roots of the office of Governor in the Indian polity could be traced to the erstwhile British colonial rule which was created to administer the affairs of east India Company. Right from the Regulating Act of 1773 to the Indian Independence Act, 1947 the position and role of the Governor had been defined by the Acts enacted by the British Parliament from time to time. With the end of British rule in India and with the adoption of the new Constitution of India, the position of the office of the Governor has altogether changed. The Governor plays a dual role under the In.' Constitution. He acts as the constitutional head o the State and also serves as an agent of the Centr Government. The Constitution imposes a duty upon the Governor to preserve, protect and defend the Constitution and the law of the country and he is also responsible for the well-being of the people of the State. For this purpose, the Constitution also confers on the Governor some discretionary powers which make him powerful. The institution of the Governor had been misused to a great extent particularly after 1967. I some states coalition governments were formed; defections became the rule of the day; constitutional instability prevailed all over and under these situations, the Governors behaved in different styles in different situations or differently in the same situation. They did not follow uniform practices in discharging their duties. The institution of Governor suddenly she' into both importance and controversy. There is no doubt that the Governors are not fe tered by any rule in the exercise of their discretion excepting the well-established principles which guide and regulate the exercise of his discretionary powers. Many times the Governor's discretion had actually been turned into central manipulation and often the allegation had been leveled that the office of the Gov error had been remote-controlled by the Centre to promote partisan interest at the state level. The institution had been misused to dislodging and embarrassing the opposition-ruled State governments. I the present work analysis has been made regarding the factors responsible for the development of such m important position that has been envisaged by the constitutional provisions and what has emerged practice.
Introduction: The three ages of India's democracy -- The Hindu nationalist power quest : Hindutva and populism -- Hindu nationalism : a different idea of India -- Modi in Gujarat, the making of a national-populist hero -- Modi's rise to power or how to exploit hope, fear, and anger -- What fight against poverty? -- The world's largest de facto ethnic democracy -- Hindu majoritarianism against secularism -- Targeting minorities -- A de facto Hindu rashtra : Indian-style vigilantism -- The Indian version of comptetitive authoritarianism -- Deinstitutionalizing India -- Towards "electoral authoritarianism" : the 2019 elections -- The making of an authoritarian Hindu state -- Indian Muslims : from social marginalization to institutional exclusion and judicial obliteration.