Comparitive Constitutional Law
A Study of the Principles of Constitutional Law
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Product details:
- Publisher OUP Pakistan
- Date of Publication 17 October 2022
- ISBN 9780190709723
- Binding Paperback
- No. of pages628 pages
- Size 238x183x28 mm
- Weight 792 g
- Language English 634
Categories
Short description:
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.
MoreLong description:
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.
Table of Contents:
Table of Cases
Preface
Part I
INTRODUCTION
Definition and Scope of Constitutional Law
State and the Citizen
Part II
BASIC CONSTITUTIONAL CONCEPTS
Constitutional Conventions
The Rule of Law
Due Process of Law
Equality before Law and Equal Protection of Laws
Part III
CONSTITUTIONAL STRUCTURES
Parliamentary Form of Government
Federalism
Separation of Powers
Presidential Form of Government
Part IV
JUDICIARY AS GUARDIAN OF CONSTITUTION
Independence of Judiciary
Judicial Power and the Doctrine of Judicial Review
Theories of Constitutional Interpretation
Precedents
Part V
FUNDAMENTAL HUMAN RIGHTS
Right to Life and Liberty
Right to Property
Freedom of Conscience and Religion
Right to Privacy Including Searches and Seizures
Self-Incrimination
Double Jeopardy
Part VI
POLITICAL RIGHTS AND CIVIL LIBERTIES
Freedom of Speech and Press
Freedom of Association
Freedom of Assembly
Freedom of Movement
Right to Counsel
Part VII
EVOLVING CONSTITUTIONAL CONCEPTS
Doctrine of Necessity
Theory of Basic Structure of Constitution
Index
