Constitutional and administrative law: general Books

Book SynopsisThis book discusses the basic theories and structures employed in handling the Central-SAR relationship under the “One Country, Two Systems” policy from the perspective of ruling by law. It also explores the fundamental principles and methods used in the division of powers between the central authorities and the SARs, and investigates the institutions responsible for handling the Central-SAR relationship and their practices. Further, it presents case studies since 1997 to help readers better understand the Central-SAR relationship. Lastly, the author raises some new questions for readers who want to further study this topic.Table of ContentsPreface.- The State Structure (Nation-Region Relationship) in Constitutional Law.- The Historical Evolution of the State Structure in China.- The Creation of One Country Two Systems and Its Operation.- The Legalization of the One Country Two Systems Policy and the Establishment of the Special Administrative Region (SAR).- The Fundamental Principles in Handling Central-SAR Relationship.- The Powers of the Central Authorities.- The Powers of the SAR.- Other Relevant Relationships.- The Institutions Responsible for Handling Central-SAR Relationship and Their Practice.- Case Study: The Central-SAR Relationship since 1997.- Constitutional Review, Rule of Law and National Unification.- Addendum.- Acknowledgements.- Bibliography.

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Book SynopsisThis book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy. Trade Review“Discerning readers will find the book’s combination of academic rigour, practical insight and considerable forthrightness worthy of commendation.” (The Commonwealth Lawyer, Vol. 31 (1), April, 2021)Table of ContentsChapter 1 – The Concept of Emergency Powers in History and Political Thought: Greek, Roman, and Indian paradigms I. Ideas Underlying the Concept of Emergency Powers II. The Greek Period III. The Roman Dictatorship i. Appointment of Dictators ii. Limitations of Time iii. Non-Derogable Areas iv. Other limitations v. Some additional effects of use of emergency powers vi. The decline of the dictatorship IV. Ancient and Medieval IndiaChapter 2 – Martial Law: A Comparative Analysis of the USA, the UK, and India I. IntroductionII. A Brief History of Martial LawIII. Martial Law in the United Statesi. Military Law, Military Government and Martial Lawii. Absolute and Qualified Martial Law & Preventive and Punitive Martial Lawiii. State of Insurrection and State of Wariv. Historical Instances of Use of Forcev. Is Martial Law Constitutional in USA?vi. Proclamation of Martial Lawa. Identity of Proclaimerb. Nature and Content of Proclamationsc. Necessity and Effect of Proclamationsvii. Permissible consequences of Martial Lawa. Exercise of powers in absence of trial of civilians by military tribunalsb. Trials of civilians by military tribunalsviii. Suspension of the writ of Habeas Corpusa. Martial Law and Suspension of Writ of Habeas Corpus differentiatedb. Who may suspend the writ?IV. Martial Law in Englandi. Historical Evolution and Significant Instances of Useii. Martial Law: Prerogative or Common Law?iii. Proclamations of Martial LawV. Martial Law in Indiai. Pre-Independence Judicial Opinionii. Post-Independence Judicial Opinioniii. Can Martial Law be proclaimed under article 34? An alternative view: Historical Analysis of article 34Chapter 3 – Military Acting in Aid of Civilian Authority I. IntroductionII. Use of Military in Situations not amounting to Martial Law in the United Statesi. The National Guardii. Some instances of use of the military in aid of civil authorityiii. Distinctions between martial law and use of military in aid of civil authorityiv. Principles governing liability of Guardsmen and Higher Officersa. General Principlesb. False arrest and imprisonmentc. Use of excessive forced. Immunity, if any?v. Judicial review of actions of Guard in other situationsvi. Use of force by the Federal Government: The Debs PrincipleIII. Military Acting in Aid of Civil Authority in UKi. Distinction between martial law and military acting in aid of civil authorityii. Historical evolution and current status of the civil decision to deploy militaryiii. Judicial review and some other issues IV. India: No direct comparative jurisprudence exists though some principles are summarizedChapter 4 – Judicial Independence and Economic Emergency with Special Focus on India I. IntroductionII. Economic Emergency under the Indian ConstitutionIII. Financial Independence of the Judiciaryi. Judicial Salaries and Judicial Independenceii. Judicial Salaries and the Question of Independence in the United StatesIV. Financial Independence of Judiciary under the Indian ConstitutionV. Judicial Review of Reduction of Judicial Salaries during an Economic Emergencyi. Colorable Exercise of Powerii. Fundamental Rights Violationiii. Judicial Review and Basic Structure Constitutionalism ConclusionChapter 5 – Emergency Powers in India I. Historical overview of Emergency Powers in Pre-Indepenent Indiai. Pre-British Indiaii. Company Rule: 1600-1857iii. Direct British Rule Prior to First World War: 1858-1914iv. First World War: 1914-18v. Inter War Years: 1919-39vi. Second World War and Independence: 1939-47 II. Emergency Powers in the Indian Constitutioni. Introductoryii. Travaux Preparatories Relating to Constitutional Provisionsiii. Changes in Emergency Provisions During and After 1975iv. Some legal aspects of Emergency Powersa. Proclamation of Emergencyb. Effects of Emergencyv. Post-Independence Emergenciesa. War Emergenciesb. The 1975 Peacetime Emergencyc. Detentionsd. The Press and Media III. President’s Rule: A Sui Generis Emergency Poweri. Introductoryii. Constituent Assembly Debates Relating to Article 355, 356, and 357iii. Post-Independence Changes in Article 355, 356, and 357iv. Some legal aspects of President’s Rule in Indiaa. Role and Status of President and Governor during an article 356 Proclamationb. Duration of Effects of Action under an article· 356 Proclamation· Violation of Constitutional Provisions relating to Parliamentary scrutinyc. Legality of suspension of Assemblyd. Judicial Review and Article 356· State of Rajasthan v. Union of India· S. R. Bommai v. Union of India Post Bommai Development

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Book SynopsisThis book encompasses areas of research like comparative constitution, transformative constitution, environmental law, family law, child rights and so on. The main theme of the book is comparative law. We intend to incorporate into this book laws pertaining to diverse field wherein it can be compared with the laws of other countries which brings in better understanding and conceptual clarity. The book focuses on the jurisprudence of different countries which enables the readers or clientele to get a better understanding of the principles of comparative law. The book showcases the comparative law jurisprudence prevalent across the globe so as to make use of the best practices for the betterment of humanity.Table of ContentsComparing Constitutionally: Modes of Comparison.- Imperatives of the Basic Structure Doctrine: A Semi-Centennial Concept.- Equality, Merit & Affirmative Action: India & USA.- Separation of Power and Judicial Independence in the Context of the United States and the Indian Constitution: A Cratological Critique.- Constitutional Obligation and Responsibilities of the Judges in a Contemporary Era: A Critical Study.- The Rule of Law and Legal Controversies – The Impact of COVID -19 in Bhutan.- Cross Border Judicial Dialogue: A Look at Indian Supreme Court’s Engagement with Australian Jurisprudence in National Legal Services Authority v. Union of India.- Climate Change and Human Mobility: Responsibilities under International Environmental Law.- Do Australian and Indian Courts have ‘get-out-of-text free cards’ like the US Supreme Court in order to Limit Environmental Executive Power?.- Affirmative Action and Social Discrimination: A functional comparative study of India, USA and South Africa.- Maran shipping: a ray of hope in a darkening landscape for inter-state civil actions – forum non-conveniens versus duty of care.- Impacts of the Use of a Family Violence Report to Determine Interests in Residential Tenancy Agreements: A Comparative Study between Western Australian and Albertan(Canada) Legislation.- Live-in-Relationship viz-a-viz Marriage: A congruence among Indian and Australian Law.- Tainted Chocolate? A systemic review of the cocoa industry in Ghana and Brazil.- Metaverse and NFT’s.- A comparative study of blockchain and cryptocurrency regulations.

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Book Synopsis

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Book Synopsis

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