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Statute Law Repeals: Twentieth Report Draft Statute Law (Repeals) Bill
2015: 50 years promoting law reform Statute Law Repeals: Twentieth Report Draft Statute Law (Repeals) Bill LC357 / SLC243 The Law Commission and The Scottish Law Commission (LAW COM No 357) (SCOT LAW COM No 243) STATUTE LAW REPEALS: TWENTIETH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty Laid before the Scottish Parliament by the Scottish Ministers June 2015 Cm 9059 SG/2015/60 © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Print ISBN 9781474119337 Web ISBN 9781474119344 ID 20051507 05/15 49556 19585 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office ii The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Justice Lloyd Jones, Chairman Professor Elizabeth Cooke1 Stephen Lewis Professor David Ormerod QC Nicholas Paines QC. The Chief Executive of the Law Commission is Elaine Lorimer. The Law Commission is located at 1st Floor, Tower, 52 Queen Anne’s Gate, London SW1H 9AG The Scottish Law Commissioners are: The Honourable Lord Pentland, Chairman Caroline Drummond David Johnston QC Professor Hector L MacQueen Dr Andrew J M Steven The Chief Executive of the Scottish Law Commission is Malcolm McMillan. -
Advisory Opinions and the Problem of Legal Authority
Vanderbilt Law Review Volume 74 Issue 3 April 2021 Article 5 4-2021 Advisory Opinions and the Problem of Legal Authority Christian R. Burset Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Judges Commons, and the Jurisprudence Commons Recommended Citation Christian R. Burset, Advisory Opinions and the Problem of Legal Authority, 74 Vanderbilt Law Review 621 (2021) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol74/iss3/5 This Article is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Advisory Opinions and the Problem of Legal Authority Christian R. Burset* The prohibition against advisory opinions is fundamental to our understanding of federal judicial power, but we have misunderstood its origins. Discussions of the doctrine begin not with a constitutional text or even a court case, but a letter in which the Jay Court rejected President Washington’s request for legal advice. Courts and scholars have offered a variety of explanations for the Jay Court’s behavior. But they all depict the earliest Justices as responding to uniquely American concerns about advisory opinions. This Article offers a different explanation. Drawing on previously untapped archival sources, it shows that judges throughout the anglophone world—not only in the United States but also in England and British India— became opposed to advisory opinions in the second half of the eighteenth century. The death of advisory opinions was a global phenomenon, rooted in a period of anxiety about common-law authority. -
Subject: EVOLUTION of SOCIAL STRUCTURE in INDIA: THROUGH the AGES Credits: 4 SYLLABUS
Subject: EVOLUTION OF SOCIAL STRUCTURE IN INDIA: THROUGH THE AGES Credits: 4 SYLLABUS Introductory & Cultures in Transition Harappan Civilisation and other Chalcolithic Cultures, Hunting-Gathering, Early Farming Society, Pastoralism, Reconstructing Ancient Society with Special Reference to Sources, Emergence of Buddhist Central And Peninsular India, Socio-Religious Ferment In North India: Buddhism And Jainism, Iron Age Cultures, Societies Represented In Vedic Literature Early Medieval Societies & Early Historic Societies: 6th Century - 4th Century A.D Religion in Society, Proliferation and consolidation of Castes and Jatis, The Problem of Urban Decline: Agrarian Expansion, Land Grants and Growth of Intermediaries, Transition To Early Medieval Societies, Marriage and Family Life,Notions of Untouchability, Changing Patterns in Varna and Jati, Early Tamil Society –Regions and Their Cultures and Cult of Hero Worship, Chaityas, Viharas and Their Interaction with Tribal Groups, Urban Classes: Traders and Artisans, Extension of Agricultural Settlements Medieval Society & Society on the Eve of Colonialism Rural Society: Peninsular India, Rural Society: North India, Village Community, The Eighteenth Century Society in Transition, Socio Religious Movements, Changing Social Structure in Peninsular India, Urban Social Groups in North India, Modern Society & Social Questions under Colonialism Social Structure in The Urban and Rural Areas, Pattern of Rural-Urban Mobility: Overseas Migration, Studying Castes in The New Historical Context, Perceptions of The Indian Social Structure by The Nationalists and Social Reformers, Clans and Confederacies in Western India, Studying Tribes Under Colonialism, Popular Protests and Social Structures, Social Discrimination, Gender/Women Under Colonialism, Colonial Forest Policies and Criminal Tribes Suggested Reading: 1. Nation, Nationalism and Social Structure in Ancient India : Shiva Acharya 2. -
List of Books Available on Calibre Software
LIST OF BOOKS AVAILABLE ON CALIBRE SOFTWARE (PLEASE CONTACT LIBRARY STAFF TO ACCESS CALIBRE) 1. 1.doc · Kamal Swaroop 2. 50 Volume RGS Journal Table of Contents s · Unknown 3. 1836 Asiatic Researches Vol 19 Part 1 s+m · Unknown 4. 1839 Asiatic Researches Vol 19 Part 2 : THE HISTORY, THE ANTIQUITIES, THE ARTS AND SCIENCES, AND LITERATURE ASIA . · Asiatic Society, Calcutta 5. 1839 Asiatic Researches Vol 19 Part 2 s+m · Unknown 6. 1840 Journal Asiatic Society of Bengal Vol 8 Part 1 s+m · Unknown 7. 1840 Journal Asiatic Society of Bengal Vol 8 Part 2 s+m · Unknown 8. 1840 Journal Asiatic Society of Bengal Vol 9 Part 1 s+m · Unknown 9. 1856 JASB Index AR 19 to JASB 23 · Unknown 10. 1856 Journal Asiatic Society of Bengal Vol 24 s+m · Unknown 11. 1862 Journal Asiatic Society of Bengal Vol 30 s+m · Unknown 12. 1866 Journal Asiatic Society of Bengal Vol 34 s+m · Unknown 13. 1867 Journal Asiatic Society of Bengal Vol 35 s+m · Unknown 14. 1875 Journal Asiatic Society of Bengal Vol 44 Part 1 s+m · Unknown 15. 1875 Journal Asiatic Society of Bengal Vol 44 Part 2 s+m · Unknown 16. 1951-52.PMD · Unknown 17. 1952-53-(Final).PMD · Unknown 18. 1953-54.pmd · Unknown 19. 1954-55.pmd · Unknown 20. 1955-56.pmd · Unknown 21. 1956-57.pmd · Unknown 22. 1957-58(interim) 1957-58-1958-59 · Unknown 23. 62569973-Text-of-Justice-Soumitra-Sen-s-Defence · Unknown 24. ([Views of the East; Comprising] India, Canton, [And the Shores of the Red Sea · Robert Elliot 25. -
Life-Writing and Colonial Relations, 1794-1826 a Dissertation
Creating Indian and British Selves: Life-Writing and Colonial Relations, 1794-1826 A Dissertation SUBMITTED TO THE FACULTY OF THE UNIVERSITY OF MINNESOTA BY Charlotte Madere IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY Brian Goldberg April 2020 © Charlotte Ellen Madere, 2020 i Acknowledgements At the University of Minnesota, my advising committee has provided tremendous support to me throughout the dissertation process. I thank Brian Goldberg, my advisor, for encouraging my growth as both a scholar and a teacher. He offered detailed feedback on numerous chapter drafts, and I am so grateful for his generosity and thoughtfulness as a mentor. Andrew Elfenbein helped to shape my project by encouraging my interest in colonial philology and the study of Indian languages. Through her feedback, Amit Yahav enriched my understanding of the formal complexities of fiction and philosophical writings from the long eighteenth century. Nida Sajid’s comments spurred me to deepen my engagement with the fields of South Asian studies and postcolonial theory. I am deeply grateful to my entire committee for their engaged, rigorous guidance. Various professors at Trinity College, Dublin, nurtured my scholarly development during my undergraduate career. Anne Markey, my thesis advisor, helped me to build expertise in British and Irish writings from the eighteenth and nineteenth centuries. I am grateful, too, to Darryl Jones for expanding my knowledge of that era’s popular literature. I thank my advisor, Philip Coleman, for encouraging me to pursue graduate studies at the University of Minnesota. Support from the University of Minnesota’s English department enabled me to complete vital research for my dissertation. -
The Black Hole of Empire
Th e Black Hole of Empire Th e Black Hole of Empire History of a Global Practice of Power Partha Chatterjee Princeton University Press Princeton and Oxford Copyright © 2012 by Princeton University Press Requests for permission to reproduce material from this work should be sent to Permissions, Princeton University Press Published by Princeton University Press, 41 William Street, Princeton, New Jersey 08540 In the United Kingdom: Princeton University Press, 6 Oxford Street, Woodstock, Oxfordshire OX20 1TW press.princeton.edu All Rights Reserved Library of Congress Cataloging-in-Publication Data Chatterjee, Partha, 1947- Th e black hole of empire : history of a global practice of power / Partha Chatterjee. p. cm. Includes bibliographical references and index. ISBN 978-0-691-15200-4 (hardcover : alk. paper)— ISBN 978-0-691-15201-1 (pbk. : alk. paper) 1. Bengal (India)—Colonization—History—18th century. 2. Black Hole Incident, Calcutta, India, 1756. 3. East India Company—History—18th century. 4. Imperialism—History. 5. Europe—Colonies—History. I. Title. DS465.C53 2011 954'.14029—dc23 2011028355 British Library Cataloging-in-Publication Data is available Th is book has been composed in Adobe Caslon Pro Printed on acid-free paper. ∞ Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 To the amazing surgeons and physicians who have kept me alive and working This page intentionally left blank Contents List of Illustrations ix Preface xi Chapter One Outrage in Calcutta 1 Th e Travels of a Monument—Old Fort William—A New Nawab—Th e Fall -
Australian Guide to Legal Citation, Third Edition
AUSTRALIAN GUIDE TO LEGAL AUSTRALIAN CITATION AUST GUIDE TO LEGAL CITA AUSTRALIAN GUIDE TO TO LEGAL CITATION AUSTRALIAN GUIDE TO LEGALA CITUSTRATION ALIAN Third Edition GUIDE TO LEGAL CITATION AGLC3 - Front Cover 4 (MJ) - CS4.indd 1 21/04/2010 12:32:24 PM AUSTRALIAN GUIDE TO LEGAL CITATION Third Edition Melbourne University Law Review Association Inc in collaboration with Melbourne Journal of International Law Inc Melbourne 2010 Published and distributed by the Melbourne University Law Review Association Inc in collaboration with the Melbourne Journal of International Law Inc National Library of Australia Cataloguing-in-Publication entry Australian guide to legal citation / Melbourne University Law Review Association Inc., Melbourne Journal of International Law Inc. 3rd ed. ISBN 9780646527390 (pbk.). Bibliography. Includes index. Citation of legal authorities - Australia - Handbooks, manuals, etc. Melbourne University Law Review Association Melbourne Journal of International Law 808.06634 First edition 1998 Second edition 2002 Third edition 2010 Reprinted 2010, 2011 (with minor corrections), 2012 (with minor corrections) Published by: Melbourne University Law Review Association Inc Reg No A0017345F · ABN 21 447 204 764 Melbourne University Law Review Telephone: (+61 3) 8344 6593 Melbourne Law School Facsimile: (+61 3) 9347 8087 The University of Melbourne Email: <[email protected]> Victoria 3010 Australia Internet: <http://www.law.unimelb.edu.au/mulr> Melbourne Journal of International Law Inc Reg No A0046334D · ABN 86 930 725 641 Melbourne Journal of International Law Telephone: (+61 3) 8344 7913 Melbourne Law School Facsimile: (+61 3) 8344 9774 The University of Melbourne Email: <[email protected]> Victoria 3010 Australia Internet: <http://www.law.unimelb.edu.au/mjil> © 2010 Melbourne University Law Review Association Inc and Melbourne Journal of International Law Inc. -
The Law Relating to Officers in the Army
F .. ----·······-_-·--·------·--~ F· r· J-, Jf J3f f. i i ] udge ftdvooaie 9u,..L-l._ U.S. flnny. I · 1 ~-~P. ......~ THE LAW RELATING TO OFFICERS IN THE ARMY, q. 9l~.. THE LA "\V RELATING TO OFFICERS IN THE AR~IY. BY HARRIS PRENDERGAST, OF LINCOLN'S INN, ESQ., BARRISTER-AT-LAW. REVISE!) EPITION. LONDON: PARKER, FURNIV ALL, AND PARKER, MILITARY LIBRARY, WHITEHALL. MDCCCLV. LONDON': PRINTED BY GEORGE PHIPPS, RA..~ELJ.GH STREET, EATON SQUARE, PREFACE TO FIRST EDITION. THE preparation of the following Work was sug gested by my brother, Lieutenant William Grant Prendergast, of the 8th Bengal Cavalry*, Persian Interpreter on the Staff of Lord Gough, Commander in-chief in India ; and from the same quarter much valuable assistance was originally derived, both as to the selection of topics, and the mode of treating them. Without the help of such military guidance, a mere civilian would have laboured under great disadvantages; and the merit, if any, of the Work, is therefore attributable to my coadjutor alone. For the composition, however, I am alone responsible. Officers in the Army are subject to a variety of special laws and legal· principles, which deeply affect their professional and private rights; and it is hoped that a Work, which endeavours to develope these subjects in a connected and untechnical form, will not be deemed a superfluous contribution to military literature. With this view, the following pages are by no means so much addressed to lawyers, as to a class of readers whose opportunities of access to legal publications are necessarily very limited; and care has been taken, in all · cases of importance, to set • Now Brevet-1\lfaj~r, and Acting Brigadier on the frontier of the Punjab. -
Due Process As Separation of Powers
THE YALE LAW JOURNAL NATHAN S. CHAPMAN & MICHAEL W. MCCONNELL Due Process as Separation of Powers ABSTRACT. From its conceptual origin in Magna Charta, due process of law has required that government can deprive persons of rights only pursuant to a coordinated effort of separate institutions that make, execute, and adjudicate claims under the law. Originalist debates about whether the Fifth or Fourteenth Amendments were understood to entail modern "substantive due process" have obscured the way that many American lawyers and courts understood due process to limit the legislature from the Revolutionary era through the Civil War. They understood due process to prohibit legislatures from directly depriving persons of rights, especially vested property rights, because it was a court's role to do so pursuant to established and general law. This principle was applied against insufficiently general and prospective legislative acts under a variety of state and federal constitutional provisions through the antebellum era. Contrary to the claims of some scholars, however, there was virtually no precedent before the Fourteenth Amendment for invalidating laws that restricted liberty or the use of property. Contemporary resorts to originalism to support modern substantive due process doctrines are therefore misplaced. Understanding due process as a particular instantiation of separation of powers does, however, shed new light on a number of key twentieth-century cases which have not been fully analyzed under the requirements of due process of law. -
British East India Company
British East India Company East India Company 1. (Historical Terms) the company chartered in 1600 by the British government to trade in the East Indies: after being driven out by the Dutch it developed trade with India until the Indian Mutiny (1857), when the Crown took over the administration: the company was dissolved in 1874 2. (Business / Commerce) any similar trading company, such as any of those founded by the Dutch, French, and Danes in the 17th and 18th centuries East India Company - an English company formed in 1600 to develop trade with the new British colonies in India and southeastern Asia; in the 18th century it assumed administrative control of Bengal, Formal inauguration of The Institution of Industrial Engineering & Technology (India) at Calcutta by His Excellency Lord Chelmsford, the Governor General of India Inauguration of the First Local Association, namely, the Association of Engineers East India. in December 22,1921 The British East India Company, sometimes referred to as "John Company," was a joint-stock company which was granted an English Royal Charter by Elizabeth on December 31, 1600, with the intention of favoring trade privileges in India. The Royal Charter effectively gave the newly created The Honourable Company of Merchants of London Trading into the East Indies (HEIC) a 15 year monopoly on all trade in the East Indies. The Company transformed from a commercial trading venture to one which virtually ruled India as it acquired auxiliary governmental and military functions, until its dissolution in 1858. This followed the anti- British rebellion (or First War of Indian Independence), after which the British government decided that direct rule would be more appropriate. -
Copyright, Translations, and Relations Between Britain and India in the Nineteenth and Early Twentieth Centuries
Chicago-Kent Law Review Volume 82 Issue 3 Symposium: Intellectual Property, Trade and Development: Accommodating and Article 4 Reconciling Different National Levels of Protection June 2007 Copyright, Translations, and Relations between Britain and India in the Nineteenth and Early Twentieth Centuries Lionel Bently Follow this and additional works at: https://scholarship.kentlaw.iit.edu/cklawreview Part of the Law Commons Recommended Citation Lionel Bently, Copyright, Translations, and Relations between Britain and India in the Nineteenth and Early Twentieth Centuries, 82 Chi.-Kent L. Rev. 1181 (2007). Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol82/iss3/4 This Article is brought to you for free and open access by Scholarly Commons @ IIT Chicago-Kent College of Law. It has been accepted for inclusion in Chicago-Kent Law Review by an authorized editor of Scholarly Commons @ IIT Chicago-Kent College of Law. For more information, please contact [email protected], [email protected]. COPYRIGHT, TRANSLATIONS, AND RELATIONS BETWEEN BRITAIN AND INDIA IN THE NINETEENTH AND EARLY TWENTIETH CENTURIES LIONEL BENTLY* In 1914, the Government of India ("Gol") enacted a copyright law to vary the application of British imperial law to India. Among several varia- tions adopted, one related to translations. The 1911 British Imperial Act had conferred copyright protection for up to fifty years from the author's death, and included a right for that period to control the translation of the work.1 In contrast, section 4 of the -
IN the SUPREME COURT of INDIA Writ Petition
IN THE SUPREME COURT OF INDIA Writ Petition (Civil) No. 1 of 2006, Transferred Case Nos. 82 to 90 of 2006 and Writ Petition (C) No. 129 of 2006 Decided On: 10.01.2007 Appellants: Raja Ram Pal Vs. Respondent: The Hon'ble Speaker, Lok Sabha and Ors. Hon'ble Judges: Y.K. Sabharwal, C.J., K.G. Balakrishnan, C.K. ThakkerR.V. Raveendran and D.K. Jain, JJ. C o u n s e l s : For Appearing Parties: Ram Jethmalani, P.N. Lekihi, T.R. Andhyarujina, Sr. Advs., Krishan Singh Chauhan, Indra Pratap Singh, Gyan Mitra, Chand Kiran, P.K. Jayakrishnan, K.C. Lamba, Sudha Pal, V.K. Shukla, Nischal Kumar Neeraj, Ashish Tripathi, K.K. Mohan, Nawal Kishore Jha, M.P. Jha, Harshvardha Jha, Ram Ekbal Roy, Rani Jethmalani, Harish Pandey, Samar Bansal, Abhik Kumar, P.R. Mala, Rajiv Kumar Tiwari, Rajesh Kumar, Sanjai Tiwari, Lata Krishnamurthi, Sachin Jain, Mukesh Kumar Tripathi, Lokesh Kumar, M.K. Garg, Meenakshi Arora, S.K. Mehndiratta, Pranav Sen, S.W.A. Qadri, Mahra, R.M. Sharma, Sushma Suri, Advs. For Attorney General for India: Gopal Subramanian, ASG.,Dayan Krishnan, Gautam Narayan, Satyakam, T.S. Murthy, Raghenth Basant, Aman Ahluwalia, Arunav Patnaik, Abhishek Tiwari and D.S. Mahra, Advs. Subject: Constitution Acts/Rules/Orders: Constitution of India (Forty-fourth Amendment) Act, 1978 - Sections 15, 19 and 26; Bill of Rights Act, 1688 - Schedule - Article 9; Parliamentary Privilege Act, 1770; East India Company Act, 1784; Charter Act, 1833; Charter Act, 1853; Charter Act, 1854; Charter Act, 1861; Charter Act, 1892; Charter Act, 1909; Government of India Act,