Scaling Justice: India’s Supreme Court, Anti-Terror Laws, Social Rights and Civil Liberties
Shylashri Shankar
Most experts agree that India's Supreme Court and lower courts' pro-active behaviour on social rights can be traced back to the immediate post-Emergency era. Post-Emergency, judges have become ‘embedded negotiators’. Their judgments have carefully avoided conflict with the political wings while being mindful of their role as safe keepers of the rights of citizens. While the Court has sometimes been charged with judicial overreach, this book attempts to understand why certain choices were made by the Supreme Court judges and the circumstances in which they were made. Qualitative analysis of the constitutional and legal framework, landmark rulings, and dissenting opinion, along with a multivariate analysis of civil liberties and social rights cases are used. This book evaluates the judgments on preventive detention, anti-terror, health, and education cases and shows how judges seek legitimacy for their decisions.
年:
2009
出版社:
Oxford University Press
语言:
english
ISBN 10:
0195693205
ISBN 13:
9780195693201
文件:
PDF, 3.93 MB
IPFS:
,
english, 2009