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国立国会図書館
- 件名India. Constitution. Constitutional law--India.
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- 要約等"This volume addresses the idea of origins, how t......ormed, and how they relate to their present and ......uture in terms of 'constitution-making' which ......s. It examines the drafting, natu......ues, and roles of the first modern constitutions during the founding of the eight modern n......in South Asia. The book looks at the following constitutions: Afghanistan,......adesh, Bhutan, India, Maldives, Nep......ry description of the process and su......tive inputs in the making of the first constitutions of these nations, it ......out to analyse the internal and e......es surrounding the making of these constitutions and it se...
- 内容細目...nation-state : the Constitutions of 1932 and 1968 / Shamsul Falaa...
- 件名Constitutional law--South Asia--History
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- 要約等...ative analysis of how religious ......aw states, and the impact of such developments on constitutional rights. By examining the theoretical and co...... underpinnings of religious offences as well ...... interrogating the nature and impact of religious pena......clauses within the region, it contributes to the broader dialog......s globally, whether in countries ......practice forms of secular or religious constitutionalism. Asian pr......respect, given the centrality of religion to so......isdictions, to constitutional or national ......gorous studies of common law jur...... provisions in their penal code, the contributor...
- 内容細目... / Mario Gomez Offences against ......a : navigating the 'secular' federal constitution and the salience of Islam in the constitutional order / Dian......Shah Religious offences penal clauses and the Singapore constitutional order : secu......t sensitive to the sacred? / Li-a...... Recalibrating the scales of criminal justice in Brunei Da...
- 件名Offenses against ......-Asia. Freedom of religion--Asia......n law. Freedom of religion. Offenses against religion--Law a...
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- 要約等...ides a toolbox of definitions an......s to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examine......icant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political sy...... and interact. The term 'multilevel constitutionalism', recogni......ional European constitution can exist alongside those of the Member States,......namics between constitutions at the national, subn......road in scope, the book encompass......ifferent types of multi-tiered s......ld-wide to map the possible meanings, uses and c...
- 内容細目...ha Subnational constitutionalism in Germany : constitutional autonomy, un......er Subnational constitutionalism in India : subnational constitutionalism or constitution within the constitution? / M.P. Singh ......na Subnational constitutionalism in Italy ......co Subnational constitutionalism in Malays......ee Subnational constitutionalism in Mexico......za Subnational constitutionalism in South ......er Subnational constitutionalism in Spain : confluence of wills in a bas......za Subnational constitutionalism in Switze......er Subnational constitutionalism in the United Kingdom : constitutional statutes within the context...
- 件名Constitutional law Federal ......ve government. Constitutional law. Decentralization in go...
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- 要約等"Constitutional democracy is......th a structure of governance and a way of providing an i......on governance. The 1950 Constitution of India established constitutional democracy in India and the narrative of the rise and consolidation of constitutional democracy in India cannot be unde...... comprehending the politico-ideol......olonialism and constitutional liberalism. ...... book examines the processes leading to constitutionalizing India and challenges the conventional idea that the Constitution of India is a borrowed ...... careful study of the processes reveals that the 1950 Constitution was the culmination of an ide...
- 件名India--Politics and ......-20th century. India--Politics and ......ry. Democracy--India--History. Enlightenment--Grea...
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- 件名Constitutional law--India. Constitutional law India
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- 要約等"How did the founders of the most populous ......atic nation in the world meet the problem of establishing a......emocracy after the departure of foreign rule? The justification ......e had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and dem......taneously, lay the question of how to impleme......its existence. India's founders met......n direct terms-the people, they acknowledged,...... citizens. But the path to educat......superior class of men but rather in the very creation of a self-sustain...... and centuries of tradition. Under the guidance...
- 件名...i), 1891-1956. India. Constitution. Constitution (India) Constitutional history--India. Democratization--India--History--20th......ry. Democracy--India--History--20th century. Constitutional history. Dem......nd government. India--Politics and ......ernment--1947- India.
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- 内容細目... law in modern India / Manisha Seth......ng religion in constitutional politics : a view from Indian constitutional law / Mathew John 3. Ritua......ecular state : the Jain practice of Sallekhana / M......a Sethi Part 2 The contested field of Muslim persona....... Codification of Islamic law in......ihād : fields of normativity an......nd arbitration of religions conf......ts in colonial India / M. Raisur Rahman 7. The mosque as juri......us disputes in India / Tanweer Faza....... Art, law and the violence of offence taking / ......terlude by way of afterword / Sasheej Hegde Ind...
- 件名Religion and law--India India--Religion Reli......igion and law. India.
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- 要約等...ted collection of essays around the theme of India's failure to grapple with the big questions of human rights p......rity groups in the country's rece......modernization. The book traverses a broad range of rights violati......udicial review of national secur...... forest rights of those in need, and from the persecution of Muslims in Gulberg to India's parallel legal system of Lok Adalats to...... into question India's claim to be ......ral democracy. The thesis is given ad......ed strength by the authors' diver......hat stimulates the thinking of the entire field of human rights, but in the context of a non-western coun...
- 内容細目...ts obligations of the World Bank in india : a human rights critique of the World Bank Cou......p Strategy for India (2013-2017).
- 件名Human rights--India. Civil rights--India. Minorities--L......s, laws, etc.--India. Equality before the law--India.
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- 要約等"What is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities a......ences in forms of government, and the normative phil......sophies behind constitutional choices. Constitutional comparisons offer "hermeneutic" help: they enable us to see "our" own constitution with different......es evident in other constitutional orders"--
- 内容細目... / Ran Hirschl Constitutionalism(s) / Robert Schütze The United Kingdom Constitution / Mark Elliott French constitutional law / Denis Baranger U.S. constitutional law / Vicki C. Jackson The Constitution of the Republic of India / Anashri Pillay The Constitution of China / Qianfa......aig Separation of powers / Christoph Möllers The rule of law / András S......an Courts with constitutional jurisdiction...... Multi-layered constitutions / Roger Maste...... International constitutionalism / Jan Klabbers European constitutionalism / Kaarlo ......w Commonwealth constitutionalism? / Claudia Geiringer Constitutional transplants / Gábor Halmai.
- 件名Constitutional law--Comparative studies. L...
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- 要約等"Populism is a threat to the democratic wor......ing trilogy We the People, Bruce ......uarter century of scholarship in......g inquiry into the origins, succe...... revolutionary constitutionalism around the world. He takes us to India, South Africa,......y-blow account of the tribulations t......r movements in their insurgent campaigns for constitutional democracy. Despite their many differe......t essential. Rather than deploy their charismatic ...... retain power, they instead used ...... legitimacy to the citizens and institutions of constitutional democracy. A......man returns to the United States ...... insights into the Founders' acts of constitutio...
- 件名Constitutional law. Populism. Personality ...
- 一般注記"This is the first of several volume...... through which constitutions have won legitimacy over the past century"--Introduction.
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- 内容細目Constitutional identity : the British liberal inputs Constitutional identity : the nationalist in...... Challenges to constitution identity : the doctrine of basic structure of the constitution Constitutional constructivi......ciable designs of governance : rearticulating constitutional identity.
- 件名Constitutional history--India. India--Politics and government--1947- Democracy--India.
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- 要約等"One of the most vexing problems in the theory and practice of politics is the issue of difference. Ho......able polity in the face of identity diffe......torically been the basis for ineq......take a variety of forms, includi......isions such as these are the fault lines that threaten the stability of the social and leg......book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. In the spring of 2011, a conference held at Indiana University brought together a distinguished group of lawyers, polit......o consider how constitutions and constitutionalism address issues of differ...
- 内容細目...nd challenging constitutional constraints ......sma Afsaruddin India, Nepal, and Pa......ue south Asian constitutional discourse on sexual orienta...
- 件名Constitutional law--Social aspects--Asia--...
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- 要約等...ia have vested their courts with the power of constitutional review. Traditionally these courts would......mpugned law to the extent of its inconsistency with the constitution. In common law......ld leave it to the legislature to...... devised novel constitutional remedies, often in the absence of explicit constitutional or statutory......sh, Indonesia, India and the Philippines, this collection of essays examines four novel constitutional remedies whi......e - that blurs the distinction between adjudicat...
- 内容細目Constitutional remedies in ......en Yap Back to the future : on pr......nvalidation in the Indonesian Constitutional Court / Stef......nsistency with the doctrine of prospective in......Pragmatism and the use of suspension ord......y Indonesian's Constitutional Court / Frit......ar Conditional constitutionality and conditional unconstitutionality in Indone...... litigation in India / Chintan Chan......ial directives of the Supreme Court of Bangladesh / M......t argument for the Philippine writ of continuing mandamus / Bryan D...
- 件名Constitutional law--Asia. J......s (Law)--Asia. Constitutional law. Judicial review. Remed...
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- 要約等"This book examines the subject of constitutional unamendabili...... political and theoretical perspe...... and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given......paradox: can a constitutional amendment be unconstitutional? Today it is......eniable that a constitutional amendment--o...... that respects the formal procedures of textual altera......n laid down in the constitutional text--may be......or violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its politi...
- 内容細目... provisions in the constitution of Bangladesh : a constitution once and for a......Orosz Amending the unamendable : the case of Article 20 of the German Basic L......ck in Turkey's constitution-making process / Oya Yegen The unamendability of amendable clauses : the case of the Turkish constitution / Tarik Olcay Brazil in the context of the debate over un......do Unamendable constitutional provisions and the European common constitutional heritage : a......ng three waves of constitutionalism / Valentina Rita Scotti.
- 件名Constitutional amendments. Constitutional law. 86.51 constitution.
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- 要約等A Business of State reveals how the English state ......active role in the creation and functioning of the East India Company in the early years of its existence,......titutions like the Company helped create the early Stuart s......understand how the Company operated, the author delves into the political life of the body as well a......tailed account of the interactions between the Company and the regime. Viewin......gement through the lens of the Company exposes a version of the English polity......ppeared before the monarch and pr......y council, saw themselves as acti......ment, and used the tools of public appeal to swa...
- 件名East India Company--Histo......ions, British--India--History--17th......tury. England. India.
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- 要約等"What is the relationship between the strength of a country's democracy and the ability of its courts to ......eficiencies in the electoral proc......' (for example India, South Korea, ......s sustained by the exercise of judicial power......s to constrain the government's a......tendencies. On the other hand, in dyna......mic changes to the electoral syst......civilian rule, their courts tend ......each, and this often facilitates......e take-over by the armed forces, and lead to the demise of the rule of law"--
- 内容細目... Supreme Court of Singapore and the promise of enforceable constitutional conventions;......ong Courts and constitutional contradictio...... Supreme Court of India and criminalit......n politics; 6. Constitutional court of Taiwan and cal......ial review; 7. Constitutional court of Korea and syst......emocracies: 8. Constitutional court of Thailand and p...... Supreme Court of Pakistan: acco......n and defiance of military autho...... Supreme Court of Bangladesh and......tic values and the conundrum of unconstitutional constitutional amendments; 12. Conclusion;...
- 件名Courts--Asia. Democracy--Asia. LAW / Constitutional.
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- 内容細目...d Hanna Lerner The curious case of religion in the Norwegian Constitution / John Madeley Religion and the Japanese Constitution / Helen Hardacre Constitution making and rel......est Germany in the shadow of state failure ......rian society : the divisive drafting of the 1926 Lebanese Constitution / Mark Farha The Constitution of a "laic" Afric...... Bachir Diagne Constitution writing and re...... Ergun Ozbudun Constitutionalism, Islamic ......tting rifts in constitutions and minority rights : India, Pakistan, Sri......rliament? / Matthew Nelson Constitutional impasse, dem......rner Islam and constitutionalism in the Arab world : the ...
- 件名Church and state. Freedom of religion. Constitutional law. LAW--Constitutional. LAW--Public.
- 資料の内容に関する注記What role do and should constitutions play in mitig......greements over the religious character of a state? And what kind of constitutional solutions mi......democracy with the type of religious dema......ng salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreem...... a broad range of relevant case studies of past and current constitutional debates in E......ia, Africa and the Middle East, and offers valuable l......n to embark on constitution drafting or am......on is an issue of contention.
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- 要約等...n contemporary India, with a particular focus on the everyday conte......s and dynamics of human rights, ......ghts and laws. The contributions ...... above', where the judiciary and ...... below', where the governed attempt to expand their substantive ......mbedded within their everyday liv...... zones between the two directions, which act as ...
- 内容細目...ting rights in the Indian context / Kaz......emocratisation of the judiciary in India / Tomoaki Ueda......: a case study of Tibetan refugees in India / Tatsuya Yama......oto Rethinking the reservation sy......n contemporary India : a local point of view / Kenta Funahashi 'The right to know is the right to live' : the right to infor......on movement in India / Shinya Ishizaka Protesting the AFSPA in the Indian periphery : the anti-militariz......movement in Northeast India / Makiko Kimur......uman rights at the grassroots lev...... / Maya Suzuki The right to sacre......development in the Thar Desert / Kodai Konishi C...
- 件名Human rights--India. Citizenship--India. Citizenship. Human rights. India.
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- 内容細目Clearing and strengthening the channels of constitution making / Jon Elster Does the process of constitutional-making matte......ns : power and constitutional design in se......ry R. Weingast The origins of parliamentary ......al foundations of China's living constitution / Randall Peerenboom The political economy of constitutionalism in a non-...... / Ran Hirschl Constitutional amendment rules : the denominator pr......sm : a general theory of Article I, Sec......and equality : the case of India / Martha C. Nussbaum Constitutional adjudication......m limits cause constitutional crises? / Tom Ginsburg, Zac...
- 件名Constitutional law.