Comparative Law Archives | Law and Other things

Indian Journal of Constitutional Law, NALSAR releases Vol 9 (2020) | A Mélange of Scholarship on Indian and Comparative Constitutional Law Issues

On August 19, 2020 By Dayaar Singla In Announcements, Comparative Law, Constitutional Interpretation, Constitutional Law, Courts, Criminal Law, Federalism, Fundamental Rights, Judgment Analysis, Legislative Reform, New Scholarship, Scholarships, Separation of Powers

[Ed Note: We are happy to report the release of IJCL’s Vol. 9 (2020). This Volume of the Journal seems quite promising with 11 pieces in the form of 7 Articles, 2 Essays and 2 …

WCL Short-Term Research Scholarships for Emerging Legal Scholars from India (Fall 2020)

On March 6, 2020 By Law and Other Things In Announcements, Comparative Law, Scholarships

The Chair for Public and Comparative Law at Humboldt University Berlin (Prof. Dr. Philipp Dann) in collaboration with the journal VRÜ / WCL offers two short-term research scholarships for emerging legal scholars from India. Scholarship …

Foreigners Tribunals, Refugee Status Determination and the ‘Surveillance of Authenticity’

On January 4, 2020 By Douglas McDonald-Norman In Comparative Law

A woman in Assam is determined not to be a citizen of India by the NRC. She seeks review by a Foreigners Tribunal. She faces a formidable task. She bears the burden of proving that …

The Citizenship Amendment Act and ‘Persons Belonging to Minority Communities’

On December 28, 2019 By Douglas McDonald-Norman In Comparative Law, Constitutional Law, Discrimination, Equality, Fundamental Rights

The Citizenship Amendment Act alters the definition of ‘illegal immigrant’ for the purposes of the Citizenship Act 1955. It provides that ‘persons belonging to minority communities, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from …

The Criminalization of PUBG in Gujarat: A Frivolous Affair?

On October 18, 2019 By Tanishk Goyal In Comparative Law, Constitutional Interpretation, Constitutional Law, Free Speech, Fundamental Rights, Madras High Court, Supreme Court of India

In our latest piece, the author highlights the criminalization of PUBG in Gujarat with special focus on Section 37(3) of the Gujarat Police Act, 1951. The author discusses this in the light of the Blue Whale precedent, while further drawing parallels between the deontological and consequentialist approaches to free speech.

Life without Remission: An Irreviewable and Unconstitutional Punishment

On September 4, 2019 By Himanshu Agarwal and Amartya Kanjilal In Comparative Law, Constitutional Law, Death Penalty, Editor's Choice, European Court of Human Rights, Fundamental Rights, Madras High Court, Supreme Court of India

In this piece, the authors look at the new trend in the Indian judicial system, of remitting death sentences to life sentences, but without the option of further remission under any circumstances.

“Rubber-band” Secularism: How Islamic and Hindu majoritarianism repurpose colonial legal governance

On August 12, 2019 By Julia Stephens In Book Review, Comparative Law, Constitutional Law, Editor's Choice, Governance, Religion, Supreme Court of India, Women's Rights

In the conclusive post of the round-table book discussion, Professor Julia Stephens writes a response to the reviews for “Governing Islam: Law, Empire and Secularism in South Asia”. While analyzing the responses to her book, she simultaneously traces the paradigm of colonial secularism in the contemporary world

Governing Islam by Julia Stephens: A Response from Dr. Geetanjali Srikantan

On August 12, 2019 By Geetanjali Srikantan In Book Review, Comparative Law, Constitutional Law, Editor's Choice, Governance, Religion

In this piece, the author analyses Julia Stephens’ book through the lens of theories of numerous thinkers. The author discusses the British perception of Mughal law, the philosophy driving the differentiation of Islamic and Hindu law among other themes.

A U.S. – India Comparative Constitutional Law Debate by the U.S. Consulate General and Loyola College, Chennai [Sep 14]: Registrations Open

On July 17, 2019 By Law and Other Things In Announcements, Call for Applications, Comparative Law, Constitutional Interpretation, Constitutional Law

The U.S. Consulate General and Loyola College in Chennai jointly present “A Comparative U.S. – India Constitutional Law Debate,” an initiative that will deliberate on contemporary issues in the context of U.S. and Indian Constitutional …

The Global Itineraries of Lynch Justice

On September 14, 2018 By Upendra Baxi In Comparative Law, Constitutional Law, Editor's Choice, Fundamental Rights, Supreme Court of India

Lynching is not a phenomenon of just one nation or one society. It is universal, multifarious, undemocratic and unjustifiable. It is an act of power which unfolds through indiscriminate violence perpetrated on self-chosen targets by …