Judicial Process

............................................................................................
Description
It goes without saying that courts occupy an important place in the realm of law, more so in a constitutional democracy where a written Constitution forms the cornerstone providing the legitimacy and efficacy to the working of law. In India, courts have played a very proactive role in the preceding decades post- independence, safeguarding the constitutionally cherished fundamental rights and institutional framework. The journey of the Indian Constitution reflects how courts in India on many occasions endeavoured to keep the basic structure of the Constitution intact, and how constitutionalism emerged triumphant owing to the constitutionally vigilant courts. Working of courts in India presents a fascinating picture of trial and triumph of the ideal of rule of law and of the idea of supremacy of the Constitution. Study of judicial process in India is both engaging and challenging. Besides the core conceptual aspects, there are many other factual aspects that cannot be ignored. It also requires taking into account how judicial process has to be seen vis-à-vis other important foundational principles such as separation of powers, independence of judiciary and judicial review, to mention the prominent ones. The present book is an effort to bring to the fore and discuss some of the basic aspects of the judicial process in order to prepare the reader for a more intricate and nuanced study of judicial process in India. It discusses in some detail the theoretical premises of judicial process highlighting the contribution made by great jurisprudents such as Holmes, Cardozo, Hart and Dworkin, to mention a few. The subsequent chapters discuss important aspects of judicial process such as interpretation, law of precedent and judicial review. Moreover, important issues such as independence of judiciary, separation of powers and judicial activism have been dealt with in detail thereafter. The book, in short, endeavours to present a holistic view of judicial process in India.
............................................................................................
Contents
Chapter 1 : Introduction
Chapter 2 : Interpretation
Chapter 3 : Judicial Review
Chapter 4 : Law of Precedent
Chapter 5 : Independence of Judiciary
Chapter 6 : Separation of Powers
Chapter 7 : Courts and the Constitution in India
Chapter 8 : Judicial Activism
............................................................................................
Author Details
RABINDRA KR. PATHAK is an Assistant Professor at the National University of Study and Research in Law, Ranchi. He has also served as Assistant Professor in the Department of Law, University of Burdwan. A graduate from Campus Law Centre, University of Delhi, Pathak did his LL.M. from the Indian Law Institute, New Delhi, winning the P.P. Rao Gold Medal (Jurisprudence), and Ph.D. from the University of Burdwan. He has published in reputed journals and books, and has worked on projects with the Indian Law Institute.