Author: Soli J Sorabjee
Editor(s): Soli J Sorabjee
Publisher: Universal Law Publishing
Year: 2003
Language: English
Pages: 410
ISBN/UPC (if available): 8175343672
Description
This Anthology is a compendium of articles that have been published in various issues of Law and Justice. These articles have been selected for their thematic nature from a diversity of jurisdictions. The ultimate aim and aspiration in bringing out this book is Justice-political, social and economic. The underlying purpose is to emphasise that the Quest for Justice is the common endeavour of all judges and lawyers in every society based on the Rule of Law and which respects the human dignity of every person as a member of the human family.
ULA decided to bring out a quarterly journal, Law and Justice. The journal addresses issues of concern to the profession and for the administration of justice in our country and in other democracies based on the rule of Law. The inaugural issue was published and released on 17th October, 1994. Thereafter four issues of Law & Justice have been published. A wide range of subjects and issues are covered and discussed in these journals by persons of eminence in their respective fields in different countries which highlights the value of interdependence and interaction. The similarity of approach to common problems is striking. For example, independence of the judiciary is as much of concern to India as it is to New Zealand and Zimbabwe. In the world of today it is neither desirable nor feasible to go it alone.
ULA decided to bring out a select anthology of the articles which have appeared in the various issues of law & Justice. In selecting the articles for publication in the Anthology the guiding consideration was the thematic nature of the articles from a diversity of jurisdictions. Justice-political, social and economic-is the ultimate aim and aspiration, indeed the raison d’etre of every civilised society. The underlying purpose of the Anthology is to emphasise that the quest for justice is the common endeavour of all judges and lawyers in every society based on the Rule of Law and which respects the human dignity of every person as a member of the human family. ULA expresses its deep gratitude to al the contributors for their invaluable articles in various issues of Law & Justice.
SOLI J SORABJEE is the Attorney General for India since April 1998, which constitutional office he also held in 1989-1990. He was the Solicitor General of India and Addl. Solicitor General of India in late seventies. He started legal practice in 1953 and was designated as Senior Advocate, Supreme Court of India in 1971. Mr Sorabjee mainly practices in the field of constitutional and administrative law. He appeared and successfully argued in April 2000 for the Government of India in the International court of Justice at the Hague in the Pakistan complaint regarding aerial incident.. He was awarded in 1952 Kinloch Forbes Gold Medal in roman Law and Jurisprudence. Padma Vibhushan was conferred on him in March 2002. He has written many articles and books, which include The Law of the Press Censorship in India. His other interests are music, particularly jazz, and literature, especially poetry.
Contents
PREFACE
The Juristic Manifesto of the Human Person
The United Nations and Human Rights
The System for Protection of Human Rights under the European Convention of Human Rights
The Protection and Enforcement of Fundamental Human Rights: The Zimbabwean Experience
The Constitution as a Vehicle for The Protection of Human Rights: The Namibian Experience
Human Rights, Custom and Tradition
Arrest Without Warrant in A Dwelling House: The Law in Canada
Human Rights in New Zealand
Individual Rights and Culture: An East Asian Perspective
Promoting Human Rights in the Global Market Place
Promoting and implementing the UN Declaration: A Minority Rights Group Perspective
Protection of Women’s Rights
Protecting Refugees: A Challenge of International Law
Constitutions are Shaped by History: An Account of the making of South Africa’s new Constitution
Reflections on the Indian Constitution-Some Aspects
Basic Structure of the Constitution and Constitutional Principles
The Relationship between Public and Private Law
Australian Experiment in Administrative Law
A Conservative approach to Public Interest Law
Law, Justice and Morality: Challenges and Reflections from The Life of Advocate Bram Fischer
U N Special Procedure on the Independence and Impartiality of the Judiciary
Judicial Independence-Lessons from India and Australian Developments
Making the Angels Weep
Judges and Judicial Accountability
Bill of Rights: Judicial Approach, Principles of Interpretation and Remedies-the Indian Experience
Democracy and Free Speech
Freedom of Expression and the Constitution
Freedom of Expression in India
Interrelationship between Law, Media and the Judiciary
50 Year of Freedom Under Rule of Law: Indian Experience
Rule of Law v Privileges of Parliament
Criminal Liability for Environmental Offences in the United Kingdom
Assessing Environmental Damage under Indian Law
Alternative Dispute Resolution Methods in the Federal Court System
Democratisation, Governance and Conditionalities
The Rise of Judicial Power
Judicial Review-Judicial Activism-Need for Caution
Humpty-Dumpty and the Law
Conflict of Laws: Islamic Family Law in the English Courts
Governmental Stability in Unstable Politics