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.
विषयसूची
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).
लेखक के बारे में
Dr Mathew John, Professor at the Jindal Global Law School (JGLS), serves as the Executive Director of the Centre for Public Law and Jurisprudence. His research spans public law, legal theory, and the marriage of constitutional and political theory. He has enjoyed research fellowships from renowned institutions, such as the London School of Economics (LSE), Centre for the Study of Culture and Society, Bangalore, Jawaharlal Nehru University, and the Kate Hamburger Kolleg, Bonn. His credentials feature a doctoral degree from LSE, a master’s from the University of Warwick, and a bachelor’s from the National Law School of India University.
Dr Vishwas Devaiah, Professor at JGLS, serves as the Director of the Centre for Postgraduate Law School and Executive Director of CIPTEL. Additionally, he is the Co-director of JIRICO, driving its research and development. He has been the Managing Editor of Jindal Global Law Review. His research interests lie in intellectualproperty law, the overlap between IP and competition, health law, and biotechnology law. A published author in the Journal of Intellectual Property Law and Policy, Journal of World Intellectual Property, Asian Bioethics Review etc., he also won the 2015 Microsoft IP Teaching Fellowship.
Dr Pritam Baruah is the Professor & Dean of BML Munjal Law School. His research revolves around legal philosophy and constitutional theory. Formerly a faculty at the National University of Juridical Sciences, Kolkata (WBNUJS), he has guest lectured at several universities globally. He co-founded UCL Legal Philosophy Forum and has published in international and Indian journals such as the Canadian Journal of Law and Jurisprudence, and the NUJS Law Review and edited volumes such as the Indian Yearbook of Comparative Law (IYCL). Besides academia, he practised law at the Supreme Court of India. Dr Baruah holds a law and humanities degree from NALSAR University of Law, Hyderabad, andis a Commonwealth Doctoral Scholar at University College London.
Dr Moiz Tundawala, Associate Professor at JGLS, pursued his doctoral studies at LSE, Master’s at SOAS and BALLB (Hons) at WBNUJS Kolkata on prestigious academic scholarships. Dr Tundawala has taught and researched at various institutions including JGLS, LSE, WBNUJS and NLU Delhi, specialising in Indian constitutional thought, legal and political theory, modern intellectual history, and comparative public law. His works have been published or are forthcoming in renowned journals such as Global Intellectual History, Journal of Political Theology, Asian Journal of Comparative Law, IYCL, NUJS Law Review, and other edited volumes.
Dr Niraj Kumar works as an Associate Professor at NLUD, where he co-directs a project exploring the nature of the Indian Legal System at the Centre for Comparative Law. Earlier, he taught at the Faculty of Law, University of Delhi. He coordinated a Ministry of Home Affairs project and was part of an Expert Committee constituted by the Ministry of Labour & Employment. He has published widely, including two books, and co-edited IYCL 2018. His research areas include comparative law, administrative law, constitutional law, environmental law, interpretation of statutes, and jurisprudence.
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