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1
K. Koradhanyamath, Vijayalakshmi, et Sandeep C. Desai. « JUDICIAL ACTIVISM AND OVERREACH IN INDIA ». International Journal of Advanced Research 11, no 07 (31 juillet 2023) : 1070–78. http://dx.doi.org/10.21474/ijar01/17318.
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The researcher has worked on the Judicial Activism & overreach in India,This new epitope is exploring Indian Judiciary,Judicial Review,Art.32 and 226 of constitution,PIL,Substantive due process and Art.21 of the Indian constitution,Legislationby the Judicial Activism to overreach.
2
Dr. Ravi Kumar Tyagi et Mr. Rajender kumar. « Review Of Judicial System In Ancient India ». Legal Research Development 3, no I (30 septembre 2018) : 01–14. http://dx.doi.org/10.53724/lrd/v3n1.02.
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India has the highest law in the world. There is no other form of judgment with an individual or higher. But before describing the judiciary system in ancient India I have to give a warning. The learner should reject the major allegations of the Jurisprudence of India as well as the Indian law enforcement system by some British writers. I will make a few examples. Henry Maine described the ancient Indian legal system as "a tool for evil". The Anglo-Indian lawyer called this “Indian life” practices before Britain came back to India: “It (British rule in India) is a survey of foreign directors to oversee foreign sectors, to align Europe's Oriental cultural practices, and to formulate specific laws. The highest among the ruthless nations associated with the government for empty authorities1. ”Alan Gledhill, a retired member of the Indian Civil Service, wrote that when Britain took power in India," there was a breakdown of legal laws.
3
Dua, Bhagwan D., et Vijay Lakshmi Dudeja. « Judicial Review in India. » Pacific Affairs 62, no 4 (1989) : 564. http://dx.doi.org/10.2307/2759695.
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Singh, V. P. « Judicial Activism as an Essential Tool for the Protection and Expansion of Human Rights in India ». Kutafin Law Review 10, no 1 (4 avril 2023) : 88–109. http://dx.doi.org/10.17803/2713-0533.2023.1.23.088-109.
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The Indian judiciary has been the sentinel of democracy and assiduously upholds the values of Indian constitutionalism. Thus, the Court is the interpreter, protector, and guardian of the Indian Constitution. The active and trustworthy role of the judiciary makes it the country’s only institution whose acceptability seems to be a national consensus. This paper discusses that judicial activism is a part of judicial review and does not violate the doctrine of separation of powers; instead, it protects and promotes constitutionalism. Further, this paper illustrates that judicial activism has played a vital role in protecting and promoting human rights in India.
5
Sorabjee, Soli J. « Introduction to Judicial Review in India ». Judicial Review 4, no 2 (juin 1999) : 126–29. http://dx.doi.org/10.1080/10854681.1999.11427060.
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6
Seetharaman, Sampath. « Judicial Review of Anti-dumping Actions Country Study : India ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 248–56. http://dx.doi.org/10.54648/gtcj2012031.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
7
Charmode, Sundip Hemant, Aroop Mohanty, Subodh Kumar et Vivek Mishra. « Healthcare Policies and Judicial Regulations for Disposal of Unclaimed Dead Bodies : A Current Review ». Indian Journal of Forensic Medicine and Pathology 13, no 4 (15 décembre 2020) : 575–79. http://dx.doi.org/10.21088/ijfmp.0974.3383.13420.17.
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India leads the world in the number of registered medical institutions and produces the largest number of medical doctors in the world. Not with standing this, India struggles the concerns of cadaver shortage, patient unavailability (in hospitals), lack of medical equipment’s/ instruments, shortage of medical personnel and medicines which is largely due to the malfunctioning of Indian Regulatory bodies and flawed Educational, Healthcare and Judiciary policies. Few authors have written on the prevailing deficiencies in the Indian policies especially the ‘Anatomy Acts’ but failed to correlate them with the ‘Indian Judiciary Regulations’ and provide radical solutions to ensure an uninterrupted supply of cadavers to medical institutions for academic and research purpose. The objective of our article is to review the policies and acts enacted by the Indian Educational, Healthcare and Judiciary policies pertaining to the disposal of unclaimed dead bodies both, prior to COVID-19 and during COVID -19 pandemic period.
8
Ram Mohan, M. P., et Anvita Dulluri. « Constitutional mandate and judicial initiatives influencing Water, Sanitation and Hygiene (WASH) programmes in India ». Journal of Water, Sanitation and Hygiene for Development 7, no 4 (19 août 2017) : 630–41. http://dx.doi.org/10.2166/washdev.2017.135.
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Abstract This paper undertakes a thorough review of the legislative and policy framework of water supply and sanitation in India within the larger backdrop of the universal affirmation of right to water and sanitation under the UN WASH initiatives, first articulated under the Millennium Development Goals (MDGs). Recognizing the proactive role played by the Indian judiciary in this regard, the paper examines various patterns of judicial reasoning in realising the right to water and sanitation as Constitutional rights of citizens. The paper observes that through a consistent ‘rights-based’ approach, the Indian judiciary has systematically articulated and achieved the objectives of the UN WASH initiatives long before they were spelled out under the MDGs. The paper highlights the need for the Government to recognise and incorporate judicial insights in implementing developmental projects under the WASH initiatives.
9
Kaur, Sandeep. « Judicial system in ancient India : A review ». Asian Journal of Multidimensional Research (AJMR) 8, no 5 (2019) : 190. http://dx.doi.org/10.5958/2278-4853.2019.00190.3.
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10
Jain, Harshita. « Judicial Review : A Comparative Analysis between India & ; U. S. A. » International Journal of Science and Research (IJSR) 13, no 3 (5 mars 2024) : 1440–43. http://dx.doi.org/10.21275/sr24321150232.
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11
Lingchen, Pu. « Judicial Review of Anti-dumping Measures in China ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 237–39. http://dx.doi.org/10.54648/gtcj2012029.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
12
Bundjamin, Erry. « Judicial Review of Anti-dumping Determinations in Indonesia ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 257–62. http://dx.doi.org/10.54648/gtcj2012032.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
13
McIlroy, James. « Judicial Review of Anti-dumping Determinations in Canada ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 231–36. http://dx.doi.org/10.54648/gtcj2012028.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
14
Uruchurtu, Gustavo A. « Judicial Review of Anti-dumping Determinations in Mexico ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 263–74. http://dx.doi.org/10.54648/gtcj2012033.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
15
Jhaveri, Swati. « Interrogating dialogic theories of judicial review ». International Journal of Constitutional Law 17, no 3 (juillet 2019) : 811–35. http://dx.doi.org/10.1093/icon/moz066.
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Abstract This article critically evaluates dialogic theories of judicial review. It focuses on three main criticisms. Dialogic theories of judicial review can be criticised for being overinclusive in their application to vastly different constitutional systems; overenthusiastic in their preference for weak forms of judicial review; and overly positive in their characterization of systems as “dialogic,” ignoring the existence of interbranch conflict and instances of negative exchanges. This article contributes to this critical conversation on dialogic theories in the context of Asia, specifically Singapore and India. Recent attempts to justify these systems as “dialogic” exemplify these criticisms. The problem of overinclusiveness is easily apparent given that Singapore and India are examples of, respectively, weak and strong forms of judicial review in the common law world. The eagerness to extend dialogic analyses to such vastly different systems leads to problems. The enthusiasm to justify Singapore’s weak-form review as dialogic can potentially lead to a slowed-down advance on constitutionalism. The optimistic vision of constitutional amendments by the political branches in India following judicial review proceedings as a tool for interbranch exchange ignores the combative and tense constitutional conversations surrounding such amendments.
16
Vermulst, Edwin, et Edwin Vermulst. « Judicial Review of Anti-dumping Determinations in the EU ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 240–47. http://dx.doi.org/10.54648/gtcj2012030.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
17
Moulis, Daniel, et Alistair Bridges. « Administrative and Judicial Review of Anti-dumping Measures in Australia ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 200–210. http://dx.doi.org/10.54648/gtcj2012026.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
18
Monteiro de Carvalho, Carol, et Andrea Weiss Balassiano. « Administrative and Judicial Review of Anti-dumping Determinations in Brazil ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 211–30. http://dx.doi.org/10.54648/gtcj2012027.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
19
Vermulst, Edwin, et Edwin Vermulst. « Judicial Review of Trade Remedy Determinations in Ten User Countries ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 195–99. http://dx.doi.org/10.54648/gtcj2012025.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
20
Trendl, Thomas J. « Judicial Review of Anti-dumping Determinations in the United States ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 283–89. http://dx.doi.org/10.54648/gtcj2012035.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
21
Gul, Noman, Naghma Farid et Muhammad Siraj Khan. « Judicial Activism and Constitutional Challenges in India ». Global Legal Studies Review VI, no I (30 mars 2021) : 117–25. http://dx.doi.org/10.31703/glsr.2021(vi-i).16.
Texte intégralRésumé :
Courts in India intervened in policy matters; education, environment, property rights, and cleanwater are some of the areas in which precedents have been established. Supreme Court has become a final interpreter of the constitution. It even checked the amendments made by parliament. A weaker political system provided a feeding ground for the judiciary to intervene in the matters of the executive and legislatures. By noticing the checkered history, the emergency of the 1970s has weakened the judiciary which has been compensated in the last few decades. Powers belong to those who utilized them. The unconstitutional dismissals provided a vacuum for the judiciary to play its role. The judicial review,interpretation of fundamental rights, environmental issues, constitutional amendments and appointment of judges, have broadened the jurisdiction of courts in India.
22
Begum, Afroza. « Preserving the distinctiveness of corporate marks ». Journal of Financial Crime 25, no 3 (2 juillet 2018) : 734–49. http://dx.doi.org/10.1108/jfc-05-2017-0040.
Texte intégralRésumé :
Purpose This paper aims to investigate the Indian legal and judicial approaches to well-known trademark (WT) by placing special focus on the way the judiciary has striven to foster the regulatory goal of defending the distinctiveness of WT. Design/methodology/approach The research is based on primary and secondary resources; especially, the paper critically examines the central piece of legislation relevant to WT and analyses and compares a number of important judicial decisions of India. Findings Despite some limitations, the judicial initiatives reflect an impressive progression towards WT, and given the contemporary commercial imperatives backed up by technological advances, the interconnectedness of economies and global corporisation, such a progression is indispensable. Research limitations/implications The research involves only the legal aspects of WT; therefore, the social and economic implication is beyond the scope of it. Practical implications Even though the legal and judicial attempts in India have raised an inevitable tension between different competing claims and are in some instances intensely debated, a review of existing resources evidences a series of effective methods and practices where a balance can sensibly be drawn between those claims.
23
Brink, Gustav. « Anti-dumping and Judicial Review in South Africa : An Urgent Need for Change ». Global Trade and Customs Journal 7, Issue 5 (1 mai 2012) : 275–82. http://dx.doi.org/10.54648/gtcj2012034.
Texte intégralRésumé :
This collection of articles analyses the problems with judicial review of trade remedy determinations in ten user countries - Australia, Brazil, Canada, China, the European Union, India, Indonesia, Mexico, South Africa, and the United States - and is a follow-up to similar studies in 2004 and 2007 respectively. Each article succinctly describes the major problems with judicial review in their jurisdictions covering the period from 2001 to 2010 with an aim to examine the effectiveness of judicial review (and/or, where applicable, review by an administrative tribunal) of trade remedy determinations in the light of Article 13 of the WTO Anti-Dumping Agreement. Two problems have been underlined: (1) the excessively long duration of the judicial review procedures; and (2) the considerable deference given to the administrative authorities on substantive issues by the courts typically on account of the technicality of the anti-dumping determinations and the absence of expert judges versed with trade remedy laws. These two problems have deeply impacted the effectiveness of the judicial review systems in most jurisdictions investigated and the situation is far from what is envisaged in Article 13 of the ADA. Both problems are related to the absence of specialized courts and chambers with judges trained in trade remedy laws. In contrast, the United States and India - the only two countries that have specialized courts - have effective judicial review systems. For the ten year period covered by this study, the ten countries investigated can be divided into two groups as regards the recourse to judicial review of anti-dumping determinations. One group comprises the European Union, India, Mexico and the United States where judicial review of anti-dumping determinations has been frequent. The second group comprises the remaining countries namely Australia, Brazil, Canada, China, Indonesia and South Africa where judicial reviews have been more limited. In fact the judicial review systems for trade remedy determinations in countries such as China and Indonesia are in the early stages of development.
24
Pandit, Piyush. « Judicial Review and its Distinction with Appeal ». International Journal For Multidisciplinary Research 04, no 04 (2022) : 76–85. http://dx.doi.org/10.36948/ijfmr.2022.v04i04.007.
Texte intégralRésumé :
Judicial Review is the basic and essential feature of the Indian constitutional scheme entrusted to the judiciary. The supremacy of the Indian Constitution is maintained in large part by judicial review. Additionally, it aids in preserving the harmony between the state’s three organs so that no law can be passed without being subject to review. Perhaps the most significant advancement in public law in the latter half of this century has been the judicial review of administrative action, and this paper focuses precisely on that. Judiciary review thus seeks to safeguard citizens from the misuse or abuse of authority by any branch of the state. This paper tries to cover the nuances of judicial review, like the grounds of judicial review, the doctrine of ultra vires, writs, and finally, its distinction with an appeal.
25
Tripathi, Rahul. « JUDICIAL REVIEW : A STUDY IN REFERENCE TO CONTEMPORARY JUDICIAL SYSTEM IN INDIA ». International Journal of Research -GRANTHAALAYAH 4, no 5 (31 mai 2016) : 51–55. http://dx.doi.org/10.29121/granthaalayah.v4.i5.2016.2673.
Texte intégralRésumé :
Judicial review is the process by which the Courts determine whether or not an administrative decision-maker has acted within the power conferred upon him or her by Parliament. That places the question of statutory construction at the heart of the enquiry. The Supreme Court enjoys a position which entrusts it with the power of reviewing the legislative enactments both of Parliament and the State Legislatures. This grants the court a powerful instrument of judicial review under the constitution. Research reveals that the Supreme Court has taken in hand the task of rewriting the Constitution, which is an important aspect in present scenario.
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Narayan, Vikram A., et Jahnavi Sindhu. « A Case for Judicial Review of Legislative Process in India ? » Verfassung in Recht und Übersee 53, no 4 (2020) : 358–410. http://dx.doi.org/10.5771/0506-7286-2020-4-358.
Texte intégralRésumé :
This paper explores the possibility of judicial review of legislative process (“JRLP”) in India. It draws on scholarship from other jurisdictions to outline a case in favour of JRLP in light of India’s particular context. It begins by critically analyzing the functioning of India’s Parliament, where we identify several fundamental weaknesses in the legislative process and demonstrate with examples how they are exploited to bypass debate and deliberation. The paper then considers several arguments advanced in favour of judicial review as a possible solution to weaknesses in the legislative process. In this regard, the paper distinguishes between two kinds of judicial review, referred to as “direct” and “indirect” JRLP. The paper considers the plausibility of employing direct and indirect JRLP in light of India’s constitutional provisions and existing doctrinal position, demonstrating that neither forms are necessarily barred, and have been employed in part. Finally, the paper outlines the case for and against the use of direct and indirect JRLP in the Indian context, and concludes by suggesting that these forms of judicial review may be a normatively desirable approach to remedying some of the fundamental weaknesses in India’s legislative process.
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Singh, Tanushree, et Akash Singh Thakur. « Administration of Justice : Judicial Delays in India ». Indian Journal of Public Administration 65, no 4 (18 novembre 2019) : 885–96. http://dx.doi.org/10.1177/0019556119873451.
Texte intégralRésumé :
In unique as well as comparative terms, the Indian judiciary—an integrated federal hierarchy with federal, state and district courts set up under the Constitution—fares better than the legislative and executive branches of the governments in India as well as those in other countries, especially in the Global South, in terms of impartiality, efficiency and independence. This article seeks to take a closer analytical look at an aspect of judicial administration, which is often glossed over in the existing literature in highlighting the issues of autonomy and constitutional adjudication and constitutional law on fundamental rights of citizens, federal division of powers, separation of powers, judicial review and the like. In this article we focus on the perennial and notorious judicial delays, their causes and remedial reforms. Delays in speedy disposal of cases occur mainly due to a large number of vacancies that remain unfilled partly due to fiscal reasons, administrative inaction and tension between the executive and the superior courts, lack of adequate operational budgetary allocations and physical infrastructure and frequent postponement of hearings until next dates set for reasons not always genuine. We have suggested reforms in the administration of the courts as well as alternate forums like Lok Adalats, e-judicial governance, ethical discourse in the Bar and the Bench as well as the civil society.
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Sarkar, Santanu. « How independent is India’s labour law framework from the state’s changing economic policies ? » Economic and Labour Relations Review 30, no 3 (25 juillet 2019) : 422–40. http://dx.doi.org/10.1177/1035304619863550.
Texte intégralRésumé :
Judicial interpretation of statute law in common-law countries means that the judiciary may mediate the social impact of legislation. In the case of the protection of labour rights in India, this article examines the extent to which the judiciary acts independently from the government of the day, and the extent to which court judgements are swayed by prevailing administrative policies. Specifically, to what extent have economic liberalisation and labour market flexibility policies influenced court decisions in cases challenging worker dismissals? Drawing on a review of 270 judgements delivered by the Supreme Court of India and the state High Courts between 1950 and 2010, a relationship is traced between a shifting pattern of Courts’ judgements and policy changes initiated by the Indian government in response to economic conditions. The objective of the study is to understand the effect of a structural shift in the economy on the cases of consented and contested decrees related to dismissal of workers under the relevant laws in India. It is found that the specific statute has not greatly changed through legal reforms, but the judiciary’s interpretations of it have changed over six decades based on dominant socio-political currents, in tune with government economic policies. This raises profound questions about judicial independence in defence of labour rights. JEL Code: K31
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S A, Sandhya Ram. « Ouster Clause : Legislative Blaze and Judicial Phoenix ». Christ University Law Journal 2, no 1 (22 février 2013) : 21–51. http://dx.doi.org/10.12728/culj.2.2.
Texte intégralRésumé :
If constitutionalism denotes obedience to the
Constitution, the scheme for enforcement of obedience
and invalidation of disobedience should be found in the
Constitution itself. It is important that this scheme be
clear and the task of enforcement be vested in a
constitutional body. In such a situation, the question of
custodianship i.e., who will ensure the rule of
constitutionalism assumes prime importance, as any
ambiguity regarding the same will result in conflicts
uncalled for between legislature and judiciary. This
conflict intensifies when judiciary determines the
constitutionality of the legislations and the legislature
defends by placing it in the „ouster clauses‟ within the
Constitution to exclude the judicial determination.
Judiciary counters by nullifying the legislative attempts
through innovative interpretation. An attempt is made to
study Article 31 B, the most prominent ouster clause in
the Constitution of India barring judicial review of
legislations and how the Indian judiciary retaliated to
such legislative attempts and effectively curbed them. The
study outlines the historical reasons which necessitated
the insertion of Article 31 B in the Constitution and
analyses the myriad implications of such an ouster clause
within the Constitution. The constitutional basis of
judicial review is studied to audit the justifiability of the
open ended Ninth Schedule along with Article 31 B. A
comparison between Article 31 B and the other ouster clauses namely Articles 31 A and 31 C is also made,
bringing out the effect and scope of Article 31 B. The
study covers a critical survey of judicial pronouncements
from 1951 to 2007.
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Tirkey, Swarnika, Hiten Joshi et Rahul Sharma. « Synchronizing Concepts of Judicial Review in Indian Legal Scenario ». International Journal of Science and Research (IJSR) 12, no 10 (5 octobre 2023) : 638–40. http://dx.doi.org/10.21275/sr231007232033.
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Srishyla, L. « JUDICIAL ACTIVISM IN INDIAN DEMOCRACY ». SCHOLARLY RESEARCH JOURNAL FOR HUMANITY SCIENCE AND ENGLISH LANGUAGE 9, no 47 (1 octobre 2021) : 11477–84. http://dx.doi.org/10.21922/srjhsel.v9i47.7716.
Texte intégralRésumé :
Judicial Activism is a powerful weapon, which the judges have to wield to Sub serves the ends of justice by making the law responsive to the felt necessities of the changing times. The scope of judicial activism varies with the courts power of Judicial Review. The judicial activism is use of judicial power to articulate and enforce what is beneficial for the society in general and people at large. Supreme Court despite its constitutional Limitation has come up with flying colors as a champion of justice in the true sense of The word .JUSTICE…this seven letter word is one of the most debated one sin the entire English dictionary. With the entire world population being linked to it, there is no doubt about the fact that with changing tongues the definition does change. The judicial activism has touched almost every aspect of life in India to do positive justice and in the process has gone beyond, what is prescribed by law or written in black and white. This article covers definition, Theories of judicial activism, development of Judicial Activism in India, Judicial Activism in various periods.
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Khan, Mohd Faiz. « SECURING THE RIGHT TO PRIVACY AGAINST THE STATE SURVEILLANCE ». Dogo Rangsang Research Journal 12 (2022) : 121–26. http://dx.doi.org/10.36893/drsr.2022.v12i10n03.121-126.
Texte intégralRésumé :
This research paper gives an overview on right to privacy as a fundamental and human right of every citizen and the important aspects are being covered subject to restrictions imposed by state. Privacy as a fundamental right has been upheld by the apex court of the nation and the activities of state which violates this essential and basic right needs to be considered by the judiciary under their power of judicial review and judicial activism Data in today’s society is used by the Big Tech companies to make millions of dollar and this trade of data undermines the basic right of citizens who do not want their nasty algorithm to affect the privacy of citizens. A number of cases has been heard by judiciary and the landmark judgments have provided for protection of right to privacy. Article 21 of Indian constitution has a very wide scope and the intent of the framers of the constitution when they framed this article was not to limit its applicability to life and liberty but also cover various other facets of it. This paper will further provide a comprehensive analysis on right to privacy in India.
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Chopra, Surabhi. « Judging the Troops : Exceptional Security Measures and Judicial Impact in India ». Law & ; Social Inquiry 44, no 03 (30 mai 2019) : 555–85. http://dx.doi.org/10.1017/lsi.2019.3.
Texte intégralRésumé :
This Article examines a controversial national security measure: the use of the armed forces within domestic borders. Military policing blurs the boundaries between crime and war, and tends to entail greater use of force against individuals. It has received relatively little academic attention but deserves to be better understood. No democratic state has relied on military policing for longer than India. And within India, no region has been subject to military policing for as long as the northeastern state of Manipur. I analyze how military policing in Manipur has fostered abuse by the armed forces, which in turn has prompted litigation and judicial innovation. Based on my analysis, I critique dominant theories about the state’s exceptional security powers. I advance two main claims. First, exceptional powers rarely remain exceptional; they eventually become the norm. Once deployed, these powers persist, and the license they provide seeps into broader habits of governance. Second, once normalized, exceptional powers become more vulnerable to judicial intervention. Judges become unwilling to accept the government’s argument that these powers are always and only used to fight pressing threats. These powers eventually become a routine subject of judicial review. Even once judicial review becomes routine, however, judges tend to be more willing to help victims of abuse than to punish abusers.
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Baloch, Farhaj Sikandar Yar Khan, Muhammad Siraj Khan et Naghma Farid. « Judicial Activism within the Restraints of India's Constitution & ; its Strictures ». Global Legal Studies Review VIII, no I (30 mars 2023) : 21–30. http://dx.doi.org/10.31703/glsr.2023(viii-i).03.
Texte intégralRésumé :
The interpretation of the Indian Constitution by the Supreme Court has established legal precedents in various sectors, such as education, environmental protection, property rights, and access to safe drinking water. The Supreme Court's decisions now hold the ultimate authority, even over parliamentary amendments. The judiciary's involvement in administrative and legislative matters has been fueled by weaknesses in the political structure. Although the judiciary was weakened during the 1970s emergency, it has regained strength in recent decades. Judicial power has been able to fill the void created by unconstitutional dismissals. The authority of Indian courts has expanded through judicial review, the interpretation of fundamental rights, addressing environmental issues, constitutional modifications, and judicial appointments. This study explores the boundaries of judicial activism within the framework of the Indian Constitution.
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COLÓN-RÍOS, JOEL I. « A new typology of judicial review of legislation ». Global Constitutionalism 3, no 2 (juillet 2014) : 143–69. http://dx.doi.org/10.1017/s2045381714000033.
Texte intégralRésumé :
AbstractThe distinction between strong and weak judicial review occupies a privileged place in comparative constitutional law. This article argues that it is necessary to generate a new typology that includes two other increasingly influential models. The two ‘new’ models can be identified as ‘strong basic structure review’ and ‘weak basic structure review’. The former, present in some common law countries such as India and Belize, not only provides judges with the ability to strike down legislation that is inconsistent with a particular constitutional provision, but also constitutional amendments incompatible with the principles on which the constitution rests. The latter model, weak basic structure review, currently present in some Latin American countries, also provides judges with the power to strike down ordinary and constitution-amending legislation, but gives ‘the people’, acting through a constituent assembly, the final word on the validity of any form of positive law. Finally, the article considers the possibility of the development of a fifth model in which even the constituent people would be bound by certain principles to be identified and enforced by judges.
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Anwesha Tripathy et al.,, Anwesha Tripathy et al ,. « An Indian Perspective on Judicial Review ». International Journal of Mechanical and Production Engineering Research and Development 10, no 3 (2020) : 9591–96. http://dx.doi.org/10.24247/ijmperdjun2020915.
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Nasir, Sherry, Ashish Verma et Arpan Verma. « A Review article on Embedded System based Robotics Controlled Judiciary Library ». SAMRIDDHI : A Journal of Physical Sciences, Engineering and Technology 15, no 01 (30 janvier 2023) : 45–48. http://dx.doi.org/10.18090/samriddhi.v15i01.25.
Texte intégralRésumé :
The advent of Internet of Things (IoT) technology about two decades ago has started making lives of people smarter andmore productive, in spite of this, the technology is in its initial stage and can be utilized to a great extent in numerousapplications. One of the applications of IoT is in Judiciary. This review article deals with the application of IoT technologyin the field of law. Few applications of IoT in the Judiciary include superior analytics, better evidence and its presentation,and optimized and easy court processes that can enhance processes, eliminate excessive procedures and prolonged timeand mitigate corruption. Using IoT in Judiciary, e-library at different court levels can be created and the petitioners canaccess the status of the cases at any time. Also, IoT-based Embedded Systems can also be used to keep track of criminalsproviding real-time live updates. Judicial sector can become even smarter using IoT, a major requirement in developingcountries like India.
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Vatuk, Sylvia. « Extra-Judicial Khulʿ Divorce in India’s Muslim Personal Law ». Islamic Law and Society 26, no 1-2 (1 janvier 2019) : 111–48. http://dx.doi.org/10.1163/15685195-02612p06.
Texte intégralRésumé :
AbstractThis essay examines khulʿ divorce as it is interpreted, understood, and practiced in India by Sunni Hanafi Muslims. My research was part of a broadly focused investigation of the impact of India’s Muslim Personal Law upon women’s well-being, begun in 1998 and on-going. I draw upon ethnographic and archival data collected between 1998 and 2001, as well as a recent review of the relevant case law. Widespread stereotypes represent Indian Muslim women as powerless to free themselves from unhappy marriages. However, they do have several legal options. One is to offer the husband a consideration for granting an extra-judicial divorce by khulʿ. This has distinct advantages over filing for divorce in a court of law. But its downside is that the husband must agree to release his wife from the marriage. Many refuse, others drive hard bargains or create other difficulties for the wife that are discussed in the essay.
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Brar, Dr Sumeet Pal Singh. « Article 360 of Indian Constitution – An Analysis ». International Journal for Research in Applied Science and Engineering Technology 11, no 1 (31 janvier 2023) : 1842–48. http://dx.doi.org/10.22214/ijraset.2023.48897.
Texte intégralRésumé :
Abstract: The thought of emergency has passed into political hypothesis. The basic idea, to make specific emergency provisions in the Constitution, was to protect against unintended emergence of autocracy as a result of internal disorder, external attack or battle. In the Indian Constitution, there is a separate part present for the emergency provisions. Part XVIII, therefore, is a component of innovation in our Constitution. The provisions of Financial Emergency are enshrined under Article 360 of the Constitution. This provision provides a safeguard for the Union Government if any threat exists to the financial stability of India. If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, then he may declares a Financial Emergency. The 38th Amend 1975 states that satisfaction of President to declare a Financial Emergency is immune from Judicial Review but provision is subsequently deleted by 44th Amend which restored power of Judicial Review even over satisfaction of President. A financial emergency has never been declared. A situation for declaring it arose in 1990 to 1991 during Prime Minister Chandra Shekhar’s regime but was avoided by selling off the gold assets of India. The 1992 balance of payments crisis that soon followed, which took India to the verge of bankruptcy, was averted by restructuring and devaluing the rupee, though this situation constituted a classic reason for declaring a financial emergency. Article 360 empowers Union govt to take control over state govt on every financial matter deals by a state. The Financial Emergency has never been imposed in any part of country, neither has Article 360 been used till now.
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Wahi, Namita. « The Evolution of the Right to Water in India ». Water 14, no 3 (28 janvier 2022) : 398. http://dx.doi.org/10.3390/w14030398.
Texte intégralRésumé :
Water is indispensable to human life. From references to water in numerous international treaties to ultimately, the adoption of United Nations (U.N.) General Assembly resolutions emphasising separate recognition of the “right to water” in 2010, we now have a freestanding human right to water. In this paper, I review the constitutional and legal framework underlying the right to water in India, and present a comprehensive analysis of judicial decisions that have enforced this right, based on insights from two original datasets. The first dataset is a compilation of all water laws, and the second is a compilation of all High Court and Supreme Court judicial decisions on the right to water. My review of the articulation of the “right to water” in India shows that this articulation has occurred largely oblivious of the international human rights movement on water. Apart from the mainstream articulation of the “right to water”, I also describe specific articulation of the right by two marginalised groups, namely Dalits and Adivasis. In so doing, I show how the articulation of the “right to water” has strengthened the claims of the former, but not those of the latter group.
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Sharma, Ankita, et Pushpa a. « UNVEILING THE SPECIALISED REALM OF FORENSIC NURSING IN INDIA ». International Journal of Advanced Research 12, no 02 (29 février 2024) : 85–92. http://dx.doi.org/10.21474/ijar01/18269.
Texte intégralRésumé :
This review article delves into the multifaceted field of forensic nursing, scope of the forensic nursing, examining the pivotal role these professionals play at the intersection of healthcare and the legal system. Through an in-depth analysis of key literature, we explore the scope of forensic nursing, eligibility criteria, diverse responsibilities of forensic nurses, their impact on patient care, evidence collection, challenges, opportunities for forensic nurses and their crucial role in the judicial process in Indian context.
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Sabhapandit, Santanu. « The public-private distinction in judicial review : a comparative analysis of India and England ». Oxford University Commonwealth Law Journal 20, no 2 (2 juillet 2020) : 261–88. http://dx.doi.org/10.1080/14729342.2020.1802692.
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Bhardwaj, Kajal, et Veena Johari. « COVID-19 Vaccines in India : Judicial Blind Spots in upholding the Right to Health ». Socio-Legal Review 18, no 1 (janvier 2022) : 119. http://dx.doi.org/10.55496/eonp8082.
Texte intégralRésumé :
The COVID-19 pandemic brought to the forefront the intrinsic link between health and human rights and exposed the conflict between public health measures and individual rights and liberties. These conflicts are apparent in the context of COVID-19 vaccines as well. Vaccines were fast-tracked, given emergency approval and produced and distributed by a few manufacturers with the help of the government and multiple agencies, to control the COVID-19 pandemic. However, the lack of transparency in regulation, the formulation of arbitrary policies, unfair pricing, unequal procurement, restricted and discriminatory distribution, lack of informed consent and lack of accountability for adverse events following immunization (AEFI) also created conflicts and controversies, exacerbated inequities and violated the right to life and health. As people turned to the courts, the judiciary received appreciation for reiterating the recognition of the constitutional right to health and nudging the government’s vaccine policy in the right direction. However, a closer look at various aspects and questions before the courts reveals certain blind spots on the part of the judiciary in fully upholding the right to health. The article relies on key elements of the right to health, in particular the availability, accessibility, acceptability and quality (AAAQ) framework to analyse court orders, the government’s stand and their impact on individual and public health. This analysis is contextualized with the help of media reports, investigative journalism and interventions by civil society organisations. In presenting the right to health as an important and useful foundation for the government and the judiciary to reflect on and review the decisions and actions of the past three years, this paper seeks to lend support to efforts to ensure that the injustices and inequities of these pandemic years are not repeated.
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Chopra, J. S. « The perplexities of E-Discovery in the Indian healthcare system - A narrative review   ; ». Sri Lanka Journal of Forensic Medicine, Science & ; Law 14, no 2 (22 décembre 2023) : 39–45. http://dx.doi.org/10.4038/sljfmsl.v14i2.7945.
Texte intégralRésumé :
With the rapid advances in medical technology and the digitization of healthcare systems, the importance of collecting and analyzing digital evidence in the medical field has grown significantly. This evidence plays a crucial role in investigating medical malpractice cases and preparing for legal proceedings in India. As medical devices and electronic health records become more prevalent, vast amounts of data are generated, stored, and accessed. While having substantial evidence to support medical claims is beneficial, it is essential to find a balance between retrieving and admitting digital evidence while respecting patient privacy. This article examines the use of electronic evidence in Indian medical litigation, the challenges it presents, and the initiatives taken to manage these challenges. However, the absence of clear legal guidelines on electronic discovery in medical cases exacerbates the problem. Medical procedure rules often fail to address electronic discovery, resulting in inconsistent case law across different courts in India and the world. Consequently, healthcare practitioners are left to develop ad hoc solutions through informal discussions and negotiations. Thus, this paper highlights the necessity for a comprehensive legal framework and active judicial management to handle electronic discovery in the medical domain.
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Mohallem, Michael Freitas. « Immutable clauses and judicial review in India, Brazil and South Africa : expanding constitutional courts' authority ». International Journal of Human Rights 15, no 5 (4 mai 2011) : 765–86. http://dx.doi.org/10.1080/13642987.2011.572703.
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Singh, Deepti, et Amit Yadav. « OP007 LITIGATION, A KEY TO TOBACCO FREE WORLD : A REVIEW OF JUDICIAL PRONOUNCEMENTS FROM INDIA ». Respiratory Medicine 107 (septembre 2013) : S11. http://dx.doi.org/10.1016/s0954-6111(13)70037-4.
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Azeem, Hafiz Muhammad, et Muhammad Shahid Sultan. « Piercing the Veil of Ouster Clauses : Exploring Judicial Review's Reach and Impact ». Current Trends in Law and Society 3, no 1 (30 septembre 2023) : 32–43. http://dx.doi.org/10.52131/ctls.2023.0301.0013.
Texte intégralRésumé :
An ouster clause is a specific provision designed to exclude the courts' jurisdiction over certain matters. It aims to prevent courts from reviewing decisions made by public functionaries. As the roles and functions of public functionaries expand in a welfare state, the implementation and interpretation of ouster clauses become increasingly intricate. For an ouster clause to be effective, the intention to exclude judicial oversight must be either explicitly stated or clearly implied within the statute. Yet, the idea of a total exclusion from judicial review, especially concerning administrative actions, is widely considered unattainable. Superior courts consistently assert that absolute ouster is an alien concept in jurisprudence. In contemporary times, review of numerous judicial precedents shows that they have developed their own principles to address ouster clauses, and though they exhibit variations, but they present similar reasonings in their objective of governing, limiting, or permitting the use of ouster clauses. In this research, an attempt will be made to delve into an examination and present an overview of the principles established by the courts in England, India, and those expounded by the superior courts in Pakistan regarding ouster clauses.
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Singh, R., et A. Frank. « The importance of public participation in framing air pollution policy : outcome of a judicial review in New Delhi, India ». Public Health Action 13, no 4 (1 décembre 2023) : 169–72. http://dx.doi.org/10.5588/pha.23.0047.
Texte intégralRésumé :
SETTING: Air pollution, including particulate matter, causes health problems for residents of major cities around the world, including New Delhi, India. Public participation is important in framing policies related to such public health issues.OBJECTIVE: To study how the public’s comments on air pollution, which had been collected on the orders of the Indian Supreme Court, influenced air pollution policy in New Delhi.DESIGN: We filed a Right to Information Act, 2005 application with the Commission for Air Quality Management (CAQM) to obtain a copy of the comments. These were compiled and compared with key major areas identified in the policy released by the regulatory authority.RESULTS: There were a wide range of comments from experts, residents and resident associations. In total, 115 comments were compiled and studied, and several recurring themes were found to have been incorporated into the policy. This included the need to switch to green public transport and cycling, the use of alternative fuels and reduced agricultural crop residue burning.CONCLUSION: Our study revealed that the public and experts have indeed influenced the CAQM air pollution policy. This is important, as it highlights a democratic, inclusive and stakeholder-based approach. Nonetheless, a future concern lies in how this policy is translated into actionable regulations with effective implementation in the field.
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Yagnik, Karan J. « Faith, social prestige and violence against surgeon in India and subcontinent : a narrative review ». International Surgery Journal 8, no 5 (28 avril 2021) : 1679. http://dx.doi.org/10.18203/2349-2902.isj20211858.
Texte intégralRésumé :
Violence against surgeons is universal problem but unique in India. It is reported on a daily basis across India. A lot of literature is available. Analysis and review are required. This article is about the best solutions to violence’s against surgeon. Various books, conference presentation and proceedings, workshop lectures, various electronic databases, symposium lectures, research papers and talks have been selected. Selected full articles were reviewed (total-13 article). This review is conducted for the practical knowledge to prevent violence against surgeon and hence patient-doctor satisfaction. Poor patient surgeon communication and lack of faith in medical system are major reasons for violence. There are more reasons which are discussed in details. Poor image of surgeons, cost of healthcare, poor quality of healthcare and poor communication is major factor for violence against surgeons. Low health literacy and lack of faith in the judicial procedure are also important factor. Media can explain all these things but they are not interested. Surgeon should understand the nature of patient and their relatives and act accordingly. Proper explanation in people’s language can change things in tremendous way.
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Rane, Anil, Abhijit Nadkarni, Shilpa Waikar et H. A. Borker. « Judicial involuntary admission under the Mental Health Act in Goa, India : profile, outcome and implications ». International Psychiatry 9, no 4 (novembre 2012) : 98–101. http://dx.doi.org/10.1192/s1749367600003428.
Texte intégralRésumé :
Reception order (RO) by a magistrate is a mode of involuntary admission provided under the Indian Mental Health Act of 1987. To the best of our knowledge there has been no evaluation of this provision in clinical practice. The present paper is a descriptive study through retrospective case-note review of patients admitted by way of RO to a tertiary care hospital in Goa. Compared with those admitted voluntarily, those admitted by RO tended to be single, middle aged (40–60 years old) and non-Goan; on average they had a significantly longer hospital stay than voluntarily admitted patients. Non-affective psychosis and substance use disorders were the more common diagnoses. While admissions by RO serve a useful role in bringing patients who are not under proper care into the mental healthcare system, they do not address the issue of aftercare.