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Pilate’s Paramount Duty: Constitutional Reasonableness and the Restriction of Freedom of Expression and Assembly

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0010
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the particular relevance to South Asia of the disagreement between the ideas of two nineteenth-century thinkers—John Stuart Mill and James Fitzjames Stephen. While Mill ... More


Impunity

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print:
2012
Published Online:
September 2012
ISBN:
9780198074144
eISBN:
9780199080823
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198074144.003.0008
Subject:
Law, Human Rights and Immigration

Although the Indian Constitution protects the rights to life, personal liberty, and freedom from basic human rights violations, widespread impunity exists for police, security, and other government ... More


Ireland's District Court: Language, immigration and consequences for justice

Kate Waterhouse

Published in print:
2014
Published Online:
January 2015
ISBN:
9780719095276
eISBN:
9781781707548
Item type:
book
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719095276.001.0001
Subject:
Sociology, Law, Crime and Deviance

For the uninitiated, the Irish District Court is a place of incomprehensible, organised chaos. This detailed account of the court’s criminal proceedings, based on an original study that involved ... More


Pleas of the Crown: Criminal Procedure

John Baker

in Introduction to English Legal History

Published in print:
2019
Published Online:
June 2019
ISBN:
9780198812609
eISBN:
9780191850400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198812609.003.0029
Subject:
Law, Legal History

This chapter traces the history of criminal procedure. The early ‘appeal’ of felony gave way to the indictment, a written presentment approved by a grand jury. Until Georgian times there were few ... More


The Exclusionary Rules against Illegally Obtained Evidence

Jiahong He

in Back from the Dead: Wrongful Convictions and Criminal Justice in China

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824856618
eISBN:
9780824868703
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824856618.003.0012
Subject:
Society and Culture, Asian Studies

In the third case of “back from the dead,” Zhao Zuohai was arrested for murdering a villager in1998 and convicted in 2002. In 2010, after the “victim” came back alive to the village, a retrial ... More


The Army and Law and Order 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0057
Subject:
Law, Constitutional and Administrative Law

This chapter analyses the issue of deployment of the army on the request of the state government to quell disturbances. Mr Sharad Pawar's criticism on the frequent deployment of the army has been ... More


The Invasions and the Defences: Crime and Criminal Law

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0038
Subject:
Law, Constitutional and Administrative Law

In India, the jurisprudence of criminal law has been a sadly neglected subject. The Supreme Court is generally satisfied with the facts, and if necessary, the interpretation of the particular statute ... More


Conclusion

O. Chinnappa Reddy

in The Court and the Constitution of India: Summit and Shallows

Published in print:
2010
Published Online:
October 2012
ISBN:
9780198066286
eISBN:
9780199081462
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198066286.003.0040
Subject:
Law, Constitutional and Administrative Law

The Supreme Court of India has established a reputation for itself and has become well known in the jurisprudential world map of law and justice. The Court's interpretation of the right to equality ... More


Libel as Crime: A Void Law 1

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS: An Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability

Published in print:
2006
Published Online:
October 2012
ISBN:
9780195678291
eISBN:
9780199080588
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195678291.003.0111
Subject:
Law, Constitutional and Administrative Law

The first elected government and the Parliament of India introduced a law that provided ministers and civil servants a summary remedy for criminal libel. The Press Commission had approved the law ... More


Criminal Procedure: Pre-Trial

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0011
Subject:
Law, Constitutional and Administrative Law

This chapter discusses the criminal procedure laws applicable before a defendant is tried. It is intended to be read alongside Chapter 12, which covers criminal procedure during trials, appeals, ... More


Conclusion

Lauren A. McCarthy

in Trafficking Justice: How Russian Police Enforce New Laws, from Crime to Courtroom

Published in print:
2015
Published Online:
August 2016
ISBN:
9780801453892
eISBN:
9781501701375
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801453892.003.0008
Subject:
Political Science, Russian Politics

This concluding chapter provides an overview of the Russian law enforcement on trafficking. The enforcement system has pursued three main types of trafficking: sex trafficking, labor trafficking, and ... More


Criminal Procedure: Trials and Appeals

Simon Butt and Tim Lindsey

in Indonesian Law

Published in print:
2018
Published Online:
October 2018
ISBN:
9780199677740
eISBN:
9780191757242
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199677740.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter deals with Indonesia’s criminal process from trial to sentencing and release. It is intended to be read alongside Chapter 11, which covers pre-trial procedure. This chapter covers ... More


The Reduction of Punishment in a Case of Doubt

Jiahong He

in Back from the Dead: Wrongful Convictions and Criminal Justice in China

Published in print:
2016
Published Online:
November 2016
ISBN:
9780824856618
eISBN:
9780824868703
Item type:
chapter
Publisher:
University of Hawai'i Press
DOI:
10.21313/hawaii/9780824856618.003.0011
Subject:
Society and Culture, Asian Studies

In another case of “back from the dead,” She Xianglin was convicted of murdering his wife in 1994 and sentenced to death, though this sentence was later commuted to fifteen years' imprisonment. In ... More


Law and Order

Louise McReynolds

in Murder Most Russian: True Crime and Punishment in Late Imperial Russia

Published in print:
2012
Published Online:
August 2016
ISBN:
9780801451454
eISBN:
9780801465901
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9780801451454.003.0002
Subject:
History, Russian and Former Soviet Union History

This chapter details the judicial reforms of 1864. Tsar Alexander II signed the declaration of independence for the Russian judiciary on November 20, 1864, with the promise to make justice “swift, ... More


Competency to Stand Trial in Italy

Alberto Cadoppi and Mattia Celva

in Fitness to Plead: International and Comparative Perspectives

Published in print:
2018
Published Online:
September 2018
ISBN:
9780198788478
eISBN:
9780191830341
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198788478.003.0012
Subject:
Law, Comparative Law

This chapter assesses competency to stand trial in Italian Criminal Procedure, using a two-pronged analysis. First, there is analysis of the relevant provisions of the Italian Code of Criminal ... More


India

Alamgir Muhammad Serajuddin

in Cases on Muslim Law of India, Pakistan, and Bangladesh

Published in print:
2015
Published Online:
November 2015
ISBN:
9780199457618
eISBN:
9780199085460
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199457618.003.0002
Subject:
Law, Legal History

This section gives summary of seventeen cases on subjects like contractual nature of marriage, remarriage of divorced couple, dower and dissolution of marriage, polygamy, stipulations in marriage ... More


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