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Vol 21 No 10 Oct/Nov 2016

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Presidential Legislation in India: The Law and Practice of Ordinances


ISBN13: 9781107546028
Published: July 2015
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £22.99
Hardback edition , ISBN13 9781107039711



Despatched in 6 to 8 days.

India has a parliamentary system. Yet the president has authority to occasionally enact legislation (or ordinances) without involving parliament. This book is a study of ordinances at the national level in India centered around three themes. Firstly, how an artifact of British constitutional history, over time, became part of India's legislative system. Secondly, how, when, and why presidents resorted to ordinances in post-independent India. Thirdly, it analyzes a range of ordinance-related questions, including some that are yet to be judicially adjudicated. In the process, it explains why much of the Indian Supreme Court's analyses are mistaken, and what should take its place.

The book explains why the fate of parliamentary reforms may be tied to the reform of this provision for ordinances. Standing at the intersection of constitutional law and political science, Presidential Legislation in India offers a new frame through which to understand executive's legislative powers both in parliamentary and presidential systems.

Subjects:
Other Jurisdictions , India
Contents:
Part I. Origins and Practice:
1. The transplant effect: early origins of ordinances in England and India
2. Surrogate legislation: an empirical account of ordinances, 1952-2009

Part II. Law and Interpretation:
3. Negotiating the text: ordinances, Article 123, and the interpretative deficit
4. Reading minds: presidential satisfaction and judicial review of ordinances
5. The power of no: presidents, cabinets, and the making of ordinances.

Series: Comparative Constitutional Law and Policy

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Reputation and Judicial Tactics: A Theory of National and International Courts ISBN 9781316621141
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Social and Political Foundations of Constitutions ISBN 9781107546080
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Magna Carta and its Modern Legacy ISBN 9781107533103
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Constitutions and Religious Freedom ISBN 9781107041448
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Reputation and Judicial Tactics: A Theory of National and International Courts ISBN 9781107031135
Published October 2014
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Constitutionalism in Asia in the Early Twenty-first Century
Edited by: Albert Chen
ISBN 9781107043411
Published April 2014
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Comparative Constitutional Design ISBN 9781107665378
Published March 2014
Cambridge University Press
£33.99
Presidential Legislation in India: The Law and Practice of Ordinances ISBN 9781107039711
Published February 2014
Cambridge University Press
£65.00
Social and Political Foundations of Constitutions ISBN 9781107032880
Published December 2013
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Consequential Courts: Judicial Roles in Global Perspective ISBN 9781107026537
Published May 2013
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Consequential Courts: Judicial Roles in Global Perspective ISBN 9781107693746
Published May 2013
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£34.99
Comparative Constitutional Design ISBN 9781107020566
Published May 2012
Cambridge University Press
£84.99