Author: editor

In French law, an award of damages is a means to enforce human rights, such that the breach of such a right urges the payment of compensation. This situation is reinforced by the fact that the European Court of Human Rights alone has the means to ensure the protection of the rights guaranteed by the European Convention. Moreover, a strong debate has occurred on whether to consider the right to obtain compensation in the form of damages as a fundamental right or a human right. This phenomenon, which may be called ‘fundamentalisation’ (in French: ‘fondamentalisation’) of compensation is the primary focus of this article.

The debate surrounding the Indian Judicial System has been deliberating on the means and ways that can be employed to improve its efficiency and functioning. Ina new development, the theme of these debates has focused on the feasibility of having cameras in courtrooms. This proposal can be traced to the United States of America, where camera access to court room proceedings has been in place for the last three decades with the objective of promoting fairness and public awareness about the judicial system. It is envisaged that by adopting a similar approach in India, the justice delivery mechanism would be improved, the masses would be educated about the working of the Indian Judicial System, thereby promoting rule of law in the society. In the United States of America, there exists no Constitutional Right to broadcast courtroom proceedings, and whenever such broadcasts have been made concerns have been voiced regarding their impact on the citizen’s right to a fair trial and due process of law. In India also, there is no constitutional right to televise court proceedings, however the same is not expressly prohibited either. The possibilities arising from this juxtaposition is fertile ground for academic debate, which shall form the subject matter of this paper. Through this paper we seek to do a cost-benefit analysis of introducing cameras in Indian courtrooms and thereby establish that the existing set up would not be able to sustain such an arrangement.

The German constitution declares in its first Amendment that human dignity is inviolable and declares its protection a duty of the state. The following text explores the concept of human dignity as “a right to have rights” that can be derived from this constitutional passage. References to different decisions of the German Federal Constitutional Court reveal the importance and complexity of this concept and its meaning for the understanding and interpretation of the German Constitution as such.

This paper analyses the Naz Foundation judgment and the reaction of the Indian society to it from a sociological angle.The initial parts of the paper traces the evolution of gay rights movement as a social movement and the past attempts by this movement to use the institution of law and courts of law as an agent of the social change it sought to bring about. Thereafter,the paper concerns itself with the analysis of responses to the decision by English language media in India, which, the author admits, is a reflection of the view points only of the urban elite section of the Indian population. The paper also discusses the heteronormativity of the Indian society that criminalises and suppresses alternate sexualities and the factors shaping the same.

This paper explores the boundaries of international cooperation in criminal matters with respect to the German Constitution. The paper argues that a critical observation of developments in international cooperation in criminal matters is advisable. Cooperation in itself is not a guarantee for the protection of human rights. The guaranteed standard in the involved legal orders should be carefully studied and compared, before competences are “outsourced” to other international legal bodies. With respect to the German legal order, it is especially the guilt principle that raises concerns vis-à-vis other international legal orders.

The principle of inter-generational equity, a recognised legal norm, is being threatened in the current global scene of rapid climate when those human resources which are common property are being destroyed at a very fast rate. At present, countries with more resources and technical knowhow are able to exploit the existing natural resources, thus depriving present as well as future generations of the same. This paper proposes a system of compensation to be paid by those countries which appropriate the earth’s natural resources in the present to compensate those who do not acquire their benefits till a later stage, or at all. This paper shall also demonstrate how this compensation regime is economically sound and promotes sustainable development.

Domestic laws of different countries adopt varying approacheson how much power of adjudication can be vested in tribunalswhich function outside the States’ monopoly in administeringjustice. This is reflected in varying positions adopted indifferent jurisdictions on the permissibility and scope ofintervention by domestic judiciary in international commercialarbitrations. Indian judiciary has taken an expansionarystance in respect of its power of intervention. This articleanalyses this expansionary outlook of the Indian judiciary inthe context of interim measures and argues that the same posesa hindrance to the growth of the institution of internationalcommercial arbitration in India.

Sustainable development aims at improving the quality of human life while living within the carrying capacity of supporting ecosystems. The rhetoric raised by the advocates of sustainable development has compelled States and corporations alike to take initiatives to ensure compliance with standards believed to be consensually accepted. However, because of their immediate commitment to enhancing shareholder value and other structural flaws, corporations have inevitably turned out to be major defaulters. Hence in many instances, it has been seen that corporate social responsibility (CSR) initiatives remain mere theoretical models, lacking practical utility. This state calls for a green corporate governance mechanism involving public-private participation (PPP), where the corporation seeks to adopt a consensually constructed mechanism to address the concerns of all stakeholders by operating from a more grounded platform of green policies. As the paper progresses, it shall be examined whether such PPP initiatives can yield desirable results in complex economic and legal settings. Another critical area of research would involve whether CSR policies should be bespoke designed by the corporations themselves, or should be guided by larger public policy goals. We shall also dwell upon the business case of CSR, seeking to find the economic motivation behind such policies. This model which has been pitted directly against the strict ‘shareholder model’ of business is an interesting new development, and shall occupy considerable space in the paper.

The propensity of the judiciary in recent times to frequently exercise its contempt jurisdiction has led to a burning debate on the justifiability of such powers of the court. In this context, we have made a humble attempt to examine the genesis of this power of the court, which has been subject to many an academic debate. This paper also throws light on the contentious issues concerning the recent cases where the authority and integrity of the Apex Court of the country have been questioned, and the way in which such questions have been answered. We have made an objective effort to examine the justifications put forth by the judiciary in its defence, especially in light of the rapidly changing image and role of the judiciary in a modern democratic setup.

The subject matter of this paper deals with the status of police reforms being implemented in India. The issue has been addressed in a number of Supreme Court cases and also in several Committee Reports, which have prepared the groundwork for a radical change in the Indian Police system. These recommendations form the crux of this paper, and we have made a critical analysis of those recommendations to moot a feasible mechanism for the effective implementation of the same. An appraisal of the suggested reforms is all the more important because the new mechanism has been designed to meet the futuristic needs of the new millennium. Recommendations aimed at minimizing political interference in the functioning of the police, have be looked into. Special effort has been made to understand the radical reforms like bifurcation of the force, so as to objectively assess their desirability. In order to have a comprehensive understanding of the subject matter of the paper, the nature of police functions in other countries has been discussed. We have also made a suggestive examination of the feasibility of such drastic changes in the policing system to face the challenges of 21st century.