People, Law And Justice: Casebook On Public Interest Litigation (Vol. Ii)


Book Description

This two-volume book documents all the reported and unreported cases of Public Interest Litigation (PIL) from its inception in 1979 to April 1994. The author stresses that the law is not autonomous, but embodies the priorities of those involved in establishing and maintaining a legal system. She shows how PIL provides a means whereby the terms of the legal discourse may be challenged; equally she shows how PIL suffers, paradoxically, by being a part of the very system it seeks to question.







The Role of Islam in the Legal System of Pakistan


Book Description

Starting in 1947, this volume examines the way Pakistani judges have dealt with the controversial issue of Islam in the past 50 years. The book's focus on reported case-law offers a new perspective on the Islamisation of Pakistan's legal system in which Islam emerges as more than just a challenge to Western conceptions of human rights.




Taking the State to Court


Book Description

These case studies examine the extent to which public interest litigation makes inefficient and often corrupt government officials responsible to the general public.




Comparative Law in a Global Context


Book Description

Now in its second edition, this textbook presents a critical rethinking of the study of comparative law and legal theory in a globalising world, and proposes an alternative model. It highlights the inadequacies of current Western theoretical approaches in comparative law, international law, legal theory and jurisprudence, especially for studying Asian and African laws, arguing that they are too parochial and eurocentric to meet global challenges. Menski argues for combining modern natural law theories with positivist and socio-legal traditions, building an interactive, triangular concept of legal pluralism. Advocated as the fourth major approach to legal theory, this model is applied in analysing the historical and conceptual development of Hindu law, Muslim law, African laws and Chinese law.







India's Human Security


Book Description

India's explosive economic growth and emerging power status make it a key country of interest for policymakers, researchers and scholars within South Asia and around the world. But while many of India's threats and conflicts are strategized and discussed extensively within the confines of security studies, strategic studies and conventional international relations perspectives, many less visible challenges are set to impact significantly on India's potential for economic growth as well as the human security and livelihoods of hundreds of millions of Indian citizens. Drawing on extensive research within India, this book looks at some of the ‘hidden risks’ that India faces, exploring how a broadened scope of what constitutes ‘risk’ itself holds value for Indian security studies practitioners and policymakers. It highlights several human security risks facing India, including the inability of the world’s largest democracy to deal effectively with widespread poverty and health issues, resource depletion and environmental mismanagement, pervasive corruption and institutionalized crime, communal violence, a protracted Maoist insurgency, and deadlocked peace processes in the Northeast among others. The book extracts common themes from these seemingly disparate problems, discussing what underlying failures allow them to persist and why policymakers heavily securitize some political issues while ignoring others. Providing an understanding of how several lesser-studied risks can pose potential or actual threats to Indian society and its ‘emerging power’ growth narrative, this book is a useful contribution to South Asian Studies, International Security Studies and Global Politics.




Public Interest Environmental Litigation in India, Pakistan, and Bangladesh


Book Description

This research examines the growth and expansion of public interest environmental litigation (PIEL) in India and analyses the changes that are influencing the development of PIEL in Bangladesh and Pakistan. The necessity for this research lies in the rapid degradation of environment and the need of efficient environmental management in the three countries of the South Asian region. Here, we compare the legal systems of the three countries from the environmental point of view, discuss new ideas and directions and critically analyse the legal provisions that would help to apply environmental norms. These offer the legislators a chance to find out what can be applied in their own region, thus developing their existing legal mechanisms. About the author Jona Razzaque is barrister and holds a PhD in law from the University of London. She works in the field of access to environmental justice and has published numerous articles on this issue. She taught law in Queen Mary College and School of Oriental and African Studies under the University of London. She is currently working as a lawyer in the Foundation for International Environmental Law and Development (FIELD) on cross-themed projects related to bio-diversity, trade and climate change.







Global Business, Local Law


Book Description

This volume establishes a theoretical framework for exploring the role of host state legal systems (courts and bureaucracies) in mediating relations between foreign investment, civil society and government actors. It then demonstrates the application of that framework in the context of the south Indian city of Bengaluru (formerly Bangalore). Drawing on the 'law-and-community' approach of Roger Cotterrell, the volume identifies three mechanisms through which law might, in theory, ensure that social relations are productive: by expressing any mutual trust which may hold actors together, by ensuring that actors participate fully in social life and by coordinating the differences that hold actors apart. Empirical data reveals that each of these legal mechanisms is at work in Bengaluru. However, their operation is limited and skewed by the extent to which actors use, abuse and/or avoid them. Furthermore, these legal mechanisms are being eroded as a direct result of the World Bank's 'investment climate' discourse, which privileges the interests and values of foreign investors over those of other actors.