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Participation, Representative Democracy, and the Courts

Rachel A. Cichowski and Alec Stone Sweet

in Democracy Transformed?: Expanding Political Opportunities in Advanced Industrial Democracies

Published in print:
2003
Published Online:
February 2006
ISBN:
9780199264995
eISBN:
9780191603259
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199264996.003.0009
Subject:
Political Science, Comparative Politics

This analysis examines the relationship between representative democracy and courts. In particular, it asks to what extent can citizens activate judicial institutions to pursue more diffuse public ... More


Restructuring the Courts: Public Interest Litigation in the Indian Courts 1

Sandra Fredman

in Human Rights Transformed: Positive Rights and Positive Duties

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199272761
eISBN:
9780191709814
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272761.003.0006
Subject:
Law, Human Rights and Immigration

Even if courts can play a legitimate democratic role through positive human rights adjudication, they remain limited by their institutional structure, and particularly, the adversarial, passive, and ... More


Profile of a Modern Jurisprudence—An Idea whose Time had Come

Dr. P. G. McHugh

in Aboriginal Title: The Modern Jurisprudence of Tribal Land Rights

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199699414
eISBN:
9780191732133
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199699414.003.0001
Subject:
Law, Public International Law, Legal History

This chapter gives a general historical explanation and contextualisation of the legal milieu in which aboriginal title emerged. It sees it as arising from a confluence of rights-oriented direction ... More


This Garden is Open to the Public: Public Interest Litigation

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/9780198066286.003.0035
Subject:
Law, Constitutional and Administrative Law

Public interest litigation is a new device by which access to justice was assured even to those who by reason of their poverty, illiteracy, or inability otherwise were denied the same earlier. In ... More


Revisiting The Role of the Judiciary in Plural Societies (1987): A Quarter-Century Retrospective on Public Interest Litigation in India and the Global South

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/9780198081760.003.0012
Subject:
Law, Constitutional and Administrative Law

This essay revisits a classic work in the field of comparative public interest law, in relation to its conclusions on the potential of Public Interest Litigation (PIL) for countries in the global ... More


Introduction

Rohit De

in A People's Constitution

Published in print:
2018
Published Online:
May 2019
ISBN:
9780691174433
eISBN:
9780691185132
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691174433.003.0001
Subject:
History, Indian History

This introductory chapter provides an overview of the Indian Constitution. The Indian Constitution is the longest surviving constitution in the postcolonial world, and it continues to dominate public ... More


Existing Framework for Combating Corruption in India

C. Raj Kumar

in Corruption and Human Rights in India: Comparative Perspectives on Transparency and Good Governance

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198077329
eISBN:
9780199081004
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198077329.003.0004
Subject:
Law, Human Rights and Immigration

This chapter describes the existing framework for fighting corruption in India. It explains that historically, the legislative framework for ensuring corruption-free governance in India has largely ... More


Enforcing Rights against the State in India: The Problem of Access to Justice

Florian Matthey-Prakash

in The Right to Education in India: The Importance of Enforceability of a Fundamental Right

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199494286
eISBN:
9780199097067
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199494286.003.0004
Subject:
Law, Constitutional and Administrative Law

Chapter 4 deals with the issue of lack of access to justice and attempts to find reasons for the inaccessibility of the higher judiciary. While it appears to be clear to observers that the Supreme ... More


The Role of Human Rights Law in Protecting Environmental Rights in South Asia

Sumudu Atapattu

in Closing the Rights Gap: From Human Rights to Social Transformation

Published in print:
2015
Published Online:
September 2015
ISBN:
9780520283091
eISBN:
9780520958920
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520283091.003.0006
Subject:
Sociology, Law, Crime and Deviance

This chapter discusses the innovative approach adopted by the superior courts in South Asia of using existing constitutional provisions to encompass environmental rights, and highlights the ... More


Expanding the Judicial Universe: Judicial Activism

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/9780198066286.003.0034
Subject:
Law, Constitutional and Administrative Law

When India's Supreme Court under the leadership of Subba Rao decided that Parliament did not possess the power to amend any of the provisions of the Constitution relating to fundamental rights, they ... More


Grievance Redress and the Judiciary: Enforcing the Right to Education through ‘Macromanagement and Micromanagement’

Florian Matthey-Prakash

in The Right to Education in India: The Importance of Enforceability of a Fundamental Right

Published in print:
2019
Published Online:
January 2020
ISBN:
9780199494286
eISBN:
9780199097067
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199494286.003.0006
Subject:
Law, Constitutional and Administrative Law

Chapter 6 explains why the judiciary, when assessing the State’s measures for furthering access to justice, should focus on the RTE grievance redress system, and should order that it be improved in ... More


Opening up Appointments: Civil Society Participation in the NJAC

Madhavi Divan

in Appointment of Judges to the Supreme Court of India: Transparency, Accountability, and Independence

Published in print:
2018
Published Online:
August 2019
ISBN:
9780199485079
eISBN:
9780199096992
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199485079.003.0008
Subject:
Law, Legal Profession and Ethics

This essay takes a deep dive into the role of the civil society in the judicial appointments process. It begins with the observation that the superior courts in India, during the last few decades, ... More


National Gods at Court: Secularism and the Judiciary in Nepal

Chiara Letizia

in Filing Religion: State, Hinduism, and Courts of Law

Published in print:
2016
Published Online:
August 2016
ISBN:
9780199463794
eISBN:
9780199086849
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199463794.003.0002
Subject:
Law, Constitutional and Administrative Law

Based on the acknowledgment that the notion of secularism in Nepal is multivocal and is still taking shape, this chapter examines the judiciary’s contribution to defining it. Two Public Interest ... More


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