The Indian Yearbook of Comparative Law 2018

著者名：Singh, Mahendra Pal (EDT)/Kumar, Niraj (EDT)

Springer（2019/07/10発売）

• 言語：ENG
• ISBN：9789811370519
• eISBN：9789811370526

Description

This yearbook is a compilation of thematically arranged essays that critically analyse

emerging developments, issues, and perspectives across different branches of law. It

consists of research from scholars around the world with the view that comparative

study would initiate dialogue on law and legal cultures across jurisdictions. The themes

vary from jurisprudence of comparative law and its methodologies to intrinsic details

of specific laws like memory laws. The sites of the enquiries in different chapters are

different legal systems, recent judgements, and aspects of human rights in a comparative

perspective. It comprises seven parts wherein the first part focuses on general themes

of comparative law, the second part discusses private law through a comparative lens,

and the third, fourth and fifth parts examine aspects of public law with special focus

on constitutional law, human rights and economic laws. The sixth part engages with

criminal law and the last part of the book covers recent developments in the field of

comparative law. This book intends to trigger a discussion on issues of comparative

law from the vantage point of Global South, not only focusing on the Global North.

It examines legal systems of countries from far-east and sub-continent and presents

insights on their working. It encourages readers to gain a nuanced understanding of

the working of law, legal systems and legal cultures, adding to existing deliberations

on the constituents of an ideal system of law.

Table of Contents

Part I: Comparative Law: General Themes.- Comparative Law and Globalization in Asian Perspectives: Two Proposals of Methodological Frameworks (Yasuda Nobuyuki).- On the Origin of Legal Diversity by Means of Comparative Law, or the Role of Legal Education in the Solution of Legal Conflicts (Rostam J. Neuwirth).- Part II Private Law.- Contribution by Prof. Anil Kumar Rai.- Part III Public Law.- Section A-Constitutional Law.- A Comparative and Jurisprudential Analysis of the “Umbrella Movement” - Is It a Constitutional Moment? (LIN Feng).- Varying  Approaches to Religion under the Electoral Law (Virendra Kumar).- South Asian Constitutionalism in Comparative Perspective: the Indian “prototype” and some recent borrowings in the 2015 Nepalese Constitution (Domenico Amirante and Pasquale Viola).- Commonalities in the Law and Development Movement and the Indian Public Interest Litigation: Reconsidering the Roots of Their Current Difficulties (Hajime Sato).- Justifying Privacy: The Indian Supreme Court’s Comparative Analysis (Pritam Baruah and Zaid Deva).- Judicial Interpretation in China (Liu Jianlong).- Section B-Human Rights.- Rethinking ‘Memory Laws’ from a Comparative Perspective (Kanika Gauba).- Settlement of Indigenous Land Disputes by the CHT Land Dispute Resolution Commission of Bangladesh: Challenges and Solutions (Dr. Mohammad Moin Uddin).- The Protection of People with Disabilities in China: Current Status and Challenges (Han Dayuan).- Section C: Economic Regulations.- Legitimate Expectations in Investment Arbitration: A Comparative Perspective (Aniruddha Rajput and Sarthak Malhotra).- A Century Of Evolution Of The Mexican Central Bank: The Road Towards Its Constitutional Autonomy (Jorge Vargas Morgado).- Part IV: Criminal Law.- Giving Precedence to the Indian Penal Code (Stanley Yeo).- The Immutability of the Marital Rape Exemption Clause in Indian Rape Law (B.B. Pande).- Part V: Recent Developments.- Review of: Transformative Constitutionalism inLatin America: The Emergence of a New Ius Commune (Akshaya Chandani).