Judicial Review: Process, Powers, and Problems (Essays in Honour of Upendra Baxi)

ISBN-13: 9781108836036 / Angielski / Twarda / 2020 / 460 str.

Salman Khurshid;Sidharth Luthra;Lokendra Malik

Opis

In India, judicial review is not a static phenomenon. It has ensured that the Constitution is the supreme law of the land, and in situations when a law impinges on the rights and the liberties of citizens, it can be pruned or made void. This is a collection of scholarly essays demonstrating the different facets of judicial review based on the vast area of comparative constitutional law. Importantly, it honours the body of work of Upendra Baxi, legal scholar and author, whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. This volume recognizes his role as an Indian jurist. Various constitutional law experts come together to reflect on his expositions on the role of the apex court, judicial activism, accountability of judiciary, laws on surrogacy and adultery and so on.

Spis treści

Foreword Justice A. K. Sikri; Editors' note Salman Khurshid, Sidharth Luthra, Lokendra Malik and Shruti Bedi; Introduction M. P. Singh; 1. The inadequacy of judicial enforcement of constitutional rights provisions to rectify economic inequality, and the inevitability of the attempt Mark Tushnet; 2. The interplay of law and politics in India James Manor; 3. Beating the backlog: reforms in administration of justice in India Abhishek Singhvi; 4. Judicial review: perspectives and reflections for the twenty-first century John Mceldowney; 5. When 'creeping jurisdiction' goes awry: the social action litigation to ban surrogacy Sital Kalantry; 6. Judicial review and the democratic judge Joel I. Colón-Ríos; 7. Judicial review: a tool to shape constitutional jurisprudence Balram K. Gupta; 8. The Baxian bioscope on Indian judicial process Amita Dhanda; 9. Judicial activism, courts, and constitutional revolutions: the Israeli case Yaniv Roznai and Gary J. Jacobsohn; 10. Democracy, constitution, and judicial review: a critique Vijender Kumar and V. P. Tiwari; 11. A minor jurisprudence of pathos: Upendra Baxi as teacher and writer Oishik Sircar; 12. The need for reinventing the Supreme Court as a constitutional court Sidharth Luthra and Nivedita Mukhija; 13. Appointment of 'distinguished jurists' as judges in the Supreme Court of India: a critical analysis Lokendra Malik; 14. Judicial dissent and judicial review: a functional analysis Yogesh Pratap Singh; 15. The power of judicial review: judicial chutzpah or judicial desideratum Shruti Bedi; 16. Judicial review of legislations by tribunals in India: law, problems, and perspectives P. Puneeth; 17. Criminalization of membership of terrorist organizations in India and the United States of America: human rights concerns Anurag Deep; 18. Article 142 of the Indian Constitution: on the thin line between judicial activism and restraint R. Hari Krishnan and Anurag Bhaskar; 19. Sketching the limits of Article 142 of the Constitution of India: a constitutional necessity Shailendra Kumar; 20. Constitutional morality and judges of the Supreme Court Salman Khurshid; About the contributors; Index.