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Comparitive Constitutional Law: A Study of the Principles of Constitutional Law


ISBN13: 9780190709723
Published: October 2022
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £18.99



Low stock.

This book gives the universally established principles of constitutional law. It analyses and discusses them in context to the judgments of the superior courts of the US, the UK, Pakistan and India as well the judgments rendered by the courts in Australia, Canada, and Germany. In Pakistan and India, the concepts of constitutional law are derived primarily from American and British jurisprudence and how they have been adopted, applied, extended, and developed by the superior courts in both countries.

The book is divided into seven parts: Part I discusses the definition and scope of the Constitutional Law and its interaction between the State and the Citizen. Part II relates to basic constitutional concepts like constitutional conventions, the rule of law, due process of law, and equality before law. Part III relates to certain basic constitutional structures like parliamentary and presidential forms of government and the concepts of separation of powers and federalism. Part IV relates to judiciary and includes subjects like independence of judiciary, judicial review, precedents, and theories of interpretations of the constitution. e fundamental rights under various constitutions are divided into two partsHuman Rights and Civil Liberties. Part V deals with human rights, the right to life, liberty, privacy and property, freedom of religion and safeguards against self-incrimination and double jeopardy. Part VI pertains to civil liberties like freedom of speech, press, association, assembly, and movement. Part VII gives certain evolving concepts like the doctrine of necessity and basic structure of constitution.

The chapter on 'Independence of Judiciary' has been revised following the judicial reforms introduced in the United Kingdom by the Constitutional Reform Act of 2005. Subsequent laws and judgments have been included and discussed. e chapters on the 'doctrine of necessity' and 'precedents' have also been added.

Subjects:
Constitutional and Administrative Law, Comparative Law
Contents:
Table of Cases
Preface
Part I. INTRODUCTION
1:Definition and Scope of Constitutional Law
2:State and the Citizen
Part II. BASIC CONSTITUTIONAL CONCEPTS
3:Constitutional Conventions
4:The Rule of Law
5:Due Process of Law
6:Equality before Law and Equal Protection of Laws
Part III. CONSTITUTIONAL STRUCTURES
7:Parliamentary Form of Government
8:Federalism
9:Separation of Powers
10:Presidential Form of Government
Part IV. JUDICIARY AS GUARDIAN OF CONSTITUTION
11:Independence of Judiciary
12:Judicial Power and the Doctrine of Judicial Review
13:Theories of Constitutional Interpretation
14:Precedents
Part V. FUNDAMENTAL HUMAN RIGHTS
15:Right to Life and Liberty
16:Right to Property
17:Freedom of Conscience and Religion
18:Right to Privacy Including Searches and Seizures
19:Self-Incrimination
20:Double Jeopardy
Part VI. POLITICAL RIGHTS AND CIVIL LIBERTIES
21:Freedom of Speech and Press
22:Freedom of Association
23:Freedom of Assembly
24:Freedom of Movement
25:Right to Counsel
Part VII. EVOLVING CONSTITUTIONAL CONCEPTS
26:Doctrine of Necessity
27:Theory of Basic Structure of Constitution
Index