Full Description
This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law "Rechtsstaat", the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the 'stranger' in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.
Contents
Part 1: Public Law: Constitutional Law.- Chapter 1. Reclaiming Rechtsstaat from the Stuntmen of the State (Niraj Kumar).- Chapter 2. Surname System and its constitutionality (Noriyuki Asano).- Chapter 3. Buddhist Cosmological Narratives and hybrid statehood in Sri Lanka and Myanmar (Punsara Amarasinghe).- Chapter 4. Besmirching Honourable Men: The Defamation of Politicians in Singapore (Kevin Tan).- Chapter 5. The Constitutional Value of the Guarantee Clause (Raunaq Jaiswal).- Chapter 6. Beyond friend and enemy: The stranager as a political category in colonial modernity (Moiz Tundawala).- Chapter 7. Administrative Justice in Iran; Oscillating between Monism and Dualism (Moslem Aghaeitogh).- Chapter 8. Administrative Adjudication in the Common Law: A comparison of setups and legal tensions with India (Dinesh Singh).- Part 2: Private Law.- Chapter 9. The European Social Model facing the Economic and the Covid Pandemic Crises (George Katrougalos).- Chapter 10. Intellectual Property and Investment Treaties: Comparing Newest Indian and Australian Treaty Practices (Prabhash Ranjan).- Part 3: Comparative Law: General Themes.- Chapter 11. R2P: A Comparative Study Between Universalism and Asian Exceptionalism (Rashmi Raman).- Chapter 12. Intersection of Law, Religion, Customs & the Problem of Child Marriage in Global South: A Comparative Study of India, Nigeria and Uganda (Neha Mishra).- Chapter 13. Developmentalism, Forest Protection and the Idea of Greater Justice in India (Rajnish Saryal).
