Edited by: Thomas Robinson, Peter Walton First published in 1869 Contents: PART I: THE APPOINTMENT OF RECEIVERS BY THE COURT IN ENGLAND AND WALES; PRINCIPLES ON WHICH A RECEIVER IS APPOINTED BY THE COURT; OVERWHAT PROPERTY A RECEIVER MAY...
Day: October 20, 2020
The Normative and Legal Debate
Introduction: The Problem of Judicial Review
The “Activism” Debate
Democracy, Reason and Neutrality
Fundamental Values
Reinforcing Democracy
Originalism
Judicial Supremacy v. Popular Constitutionalism
The Countermajoritarian Court?
Constructing Judicial Review
Entrenchment and Judicialization
Dialogues and Constraints
Litigation and Impact
AMERICAN JURISPRUDENCE THROUGH ENGLISH EYES: THE NIGHTMARE AND THE NOBLE DREAM Date: 09/01/1977 H. L.A. Hart Brasenose College, Oxford University It is with some sense of audacity that I venture to address an American audience on the theme of...
Our chief agency of lawmaking is judicial empiricism-the judicial search for the workable legal precept, for the principle which is fruitful of good results in giving satisfactory grounds of decision of actual causes, for the legal conception into which...
No ex-parte relief by way of injunction or stay especially with respect to public projects and schemes or economic policies or schemes should be granted. It is only when the Court is satisfied for good and valid reasons, that...
Scope of judicial review in matters of policy In Balco Employees Union (Regd.) vs. Union of India and Ors. (2002) 2 SCC 333) it was observed as follows : “34. Applying the analogy, just as the court does...
Judicial justice Supreme Court pointed out in M. H. Hoskot. v. State of Maharashtra, (1978) 3 SCC 544): “Judicial justice, with procedural intricacies, legal submissions and critical examination of evidence, leans upon professional expertise; and a failure of equal...
Social defence is the criminological foundation of punishment. The trial judge has confused between correctional approach to prison treatment and nominal punishment verging on decriminalisation of serious social offences. The first is basic, the second pathetic. That Court which...
It is the constitutional right of every accused person who is unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence or incommunicado situation, to have free legal services provided to him...
Hussainara Khatoon- 2nd Judgment Constitution of India, 1950—Articles 21 and 39A—Criminal Procedure Code, 1974—Section 304 and 309—Free legal service is an unalienable element of ‘reasonable, fair and just procedure for without it a person suffering from economic or other...
Protective custody The expression ‘protective custody’ is a euphemism calculated to disguise what is really and in truth nothing but imprisonment. It is an expression intended to appease the conscience. It cannot be gainsaid that women who have...
The expression ‘protective custody’ is a euphemism calculated to disguise what is really and in truth nothing but imprisonment. It is an expression intended to appease the conscience. It cannot be gainsaid that women who have been kept in...