Sunday, February 28, 2021

LATEST PRINT

Kahler v. Kansas: Insanity and the Historical Understanding of Mens Rea

The decision in the recent case of Kahler v. Kansas before the SCOTUS involves important issues in criminal jurisprudence. In this paper, an attempt has been made to trace the nuances of the different forms of defence the insanity plea can take and the practical implications of the same against the background of the Kahler [...]

The Enduring Gaps and Errors in Capital Sentencing in India

In the forty years since Bachan Singh upheld the constitutional validity of the death penalty in May 1980, there have been numerous concerns about the fate of the death penalty sentencing framework laid down by the majority. Inconsistent application, interpretational errors, and judge-centric decision making have dominated these concerns [...]

How Stereotypes about Indians are used to promote Abortion Restrictions in the United States?

Many state legislatures in the United States have passed restrictions on abortion for purposes of selecting the sex of the child. Advocates for these bans are using the widespread crises of sex-selective abortion in India to push for the prohibitions in the U.S. They argue that immigrants from India abort female fetuses [...]

Crimes by Children in Conflict with the Law – Heinousness, Acceptability, and Age of Adulthood: A Comprehensive Critique of the Present Juvenile Justice System

The underlying nature of the Juvenile Justice system has undergone a substantial change with the adoption of the Juvenile Justice (Care and Protection of Children) Act, 2015. The new Act has widespread implications on the manner in which children in conflict with the law are understood and treated [...]

Admissibility and Proof of RTI Documents under the Indian Evidence Act

The Right to Information Act, 2005 (‘RTI Act’) is frequently used in civil and criminal litigation to obtain government documents. However, the RTI Act is silent about the admissibility and proof of such documents in a trial. High Courts across the country have interpreted the Indian Evidence Act, 1872 and handed down conflicting decisions in this regard [...]

An Empirical Assessment of the Collegium’s Impact on Composition of the Indian Supreme Court

With an analysis of data spanning over seventy-two years, we have highlighted how the collegium has altered the composition of the Supreme Court. While the regional diversity of the court has improved in a relative sense, professional diversity in the court has deteriorated alarmingly [...]

The General Executive Power of the Union of India and the Commonwealth of Australia: A Comparative Analysis

The substantive content and ambit of the general executive power of “the Union” of India and of “the Commonwealth” of Australia, provided for in Article 53 and section 61 respectively of their constitutions, is a most significant issue confronting constitutional law in both India and Australia. Reference is made to “general” executive [...]

Carbon Tax as Discrimination: Revisiting the Legal Standard of National Treatment in WTO Law

This paper explores the possibility of an alternative take on the current understanding of the GATT national treatment obligation, especially in the assessment of the possible discriminatory impact of a carbon tax [...]

Insider Trading: Circumstantial Evidence is Evidence Enough?

The Securities and Exchange Board of India (‘SEBI’) is under constant pressure to secure the integrity of the securities market while also ensuring that development of the securities market is not deterred by its overreach [...]

LATEST ONLINE

A Research Agenda For The Future Of Constitutional Amendment

How should constitutional designers build the rules of constitutional amendment? Surprisingly and unfortunately, scholars have offered few answers to this all-important question. Constitutional designers are instead left with few resources to which they can turn for guidance in constructing the procedures of constitutional change. My recent book on Constitutional Amendments: Making, Breaking, and Changing Constitutions (Oxford University Press, 2019) is an effort to help.

A Roadmap for Constitutional Amendment – Reviewing Constitutional Amendments: Making, Breaking and Changing Constitutions by Richard Albert

Many countries in the modern world face constitutional changes. Sometimes these changes are related to the formation of a new political system, the transformation of a democracy, or changes in consolidated democracies. Constitutional amendments are a very complex issue, and many important circumstances need to be taken into account in their implementation. Richard Albert's book is the latest brilliant and complex study that shows countries the way in which constitutional amendments should be drafted, adopted, implemented, and under what conditions this process should be based.

Mapping Constitutional Dismemberment: Reviewing Constitutional Amendments: Making, Breaking and Changing Constitutions

By mapping out the intellectual scenery of constitutional amendment rules, Constitutional Amendments: Making, Breaking, and Changing Constitutions offers a remarkable theoretical, doctrinal, and comparative study of the most pressing questions on constitutional change.

Digital Transformation of Constitutions – Reviewing Constitutional Amendments: Making, Breaking and Changing Constitutions by Richard Albert

The book by Richard Albert on Constitutional Amendments: Making, Breaking and Changing Constitutions is an outstanding achievement, which should not come as a surprise. Albert is one of the most imaginative and prolific authors writing on constitutional change, and his new book does not disappoint. In Constitutional Amendments, Albert comprehensively examines the design of formal amendment rules, informal change, constitutional unamendability, and more.

Constitutional Amendments: Making, Breaking and Changing Constitutions – A Review

What is the most important part of a constitution? In the introductory chapter of his book ‘Constitutional Amendments: Making, Breaking, and Changing Constitutions’, Richard Albert provides an unlikely response: amendment procedures. The remainder of the book offers a compelling defense for this position and makes a case for placing the often-forgotten subject of constitutional amendment at the center of the modern study of constitutional change.

CHANGING THE CONSTITUTION Interpreting The Book Constitutional Amendments: Making, Breaking, and Changing Constitutions, by Richard Albert.

Constitutional change is not a totally discretionary derived constituent power (a power generally held by the legislature and, when called upon to elect representatives, by the citizenry); it is an activity carried out following specified procedures while preserving consistency with respect to delineations set out as fundamental constitutional principles by the originating holder of constituent power.

Introductory Note: Jumpstarting the Study of Constitutional Amendment

At their core, amendment rules reflect both faith and distrust in political actors: they authorize alterations to the constitution, though they limit how and when constitutional modifications are permissible. Given the many functions served by these essential rules of amendment, we would expect constitutions to entrench them, and indeed almost all of them do.

NLSIR Online Book Symposium 2021: Introduction

The National Law School of India Review is proud to announce NLSIR Online’s first Book Symposium. In a series of NLSIR Online posts over the upcoming weeks, constitutional law experts from across the globe will engage with Professor Richard Albert’s (William Stamps Farish Professor in Law, Professor of Government, and Director of Constitutional Studies - University of Texas) latest book, Constitutional Amendments: Making, Breaking, and Changing Constitutions (Oxford University Press 2019), through book reviews.

Confidentiality Clubs: Has The Delhi High Court Gone Too Far?

The recent judgement of the Delhi High Court in Interdigital Technology v. Xiaomi Corporationon the structure of ‘Confidentiality Clubs’ to ensure confidentiality of sensitive information/documents in litigation, has far-reaching implications. The Court rejected a prayer that suggested the preclusion of a Party’s in-house representative/employee (other than the advocate or independent expert) from access to the ‘Confidentiality Club’. This was a patent infringement case involving Standard Essential Patents (‘SEPs’) that cover technologies which are essential for devices to be standard-compliant.