Sedition and the Judicial Discourse in Postcolonial India

2018 ◽  
pp. 176-224
Author(s):  
Anushka Singh
Keyword(s):  
Speech Act ◽  
Freedom Of Expression ◽  
Political History ◽  
The State ◽  
The Political ◽  
Public Order ◽  
Constituent Assembly ◽  
Judicial Discourse ◽  
History Of ◽  
The Law

It traces the discourse on freedom of expression in postcolonial idea, the security imperatives of the state, the political history of the law of sedition post-Independence and its journey within the courts. Through this, an attempt at conceptualizing public order, security of state and other grounds along which the act of sedition is penalized, is made. This chapter begins with debates on sedition within the Constituent Assembly and systematically takes these debates to the higher courts in India employing legal hermeneutics to read into the judgements and deduce a theory of sedition coming from the judiciary. The chapter treats the judicial pronouncements as contributing to the study of sedition as a speech act to identify what emerges as the crime of sedition within the legal-juridical regime in India.

scholarly journals Lengsernya Soeharto sebagai Presiden Republik Indonesia

2018 ◽  
Author(s):  
Rizka Wahyu Nurmalaningrum
Keyword(s):  
Social Media ◽  
Mobile Phones ◽  
Political History ◽  
The State ◽  
The Political ◽  
History Of ◽  
The Republic

Often the link between politics, economics and history escapes our attention so far. Much of the history of Indonesian development even the political history of the Indonesian nation itself has been forgotten by this millennial era society. They prefer mobile phones rather than books. Prefer cellphones from history. Even though history is important. The successors of the nation in the millennial era are more concerned with social media than knowing the origin of a country. Many do not understand the history of someone who can become president. There are various theories about history, such as Aristotelian theory, and the theory of plateau. Arisstoteles can be made a reference for learning for the ideals of the State with a fair and calm manner. The discussion with this theme takes the example of the fall of Soeharto as President of the Republic of Indonesia.

A Civil Servant’s Adieu

2019 ◽  
pp. 193-236
Author(s):  
Arvind Elangovan
Keyword(s):  
Political History ◽  
Dominant Role ◽  
Fundamental Rights ◽  
The Political ◽  
Indian Constitution ◽  
Constituent Assembly ◽  
Postcolonial State ◽  
Political Interests ◽  
History Of ◽  
To Come

Contrary to Rau’s ideas, the framers of the Indian constitution, however, were deeply influenced by the political history that preceded the meeting of the Constituent Assembly. As a result, the framers privileged not only Fundamental Rights but also the postcolonial State and the latter’s right to intervene for the cause of social justice. Interestingly, the idea that mainly underscored this act of privileging was not so much to come together to create a state by submitting individual wills (as theorized by social contract theorists, for instance) but rather there was a deep mistrust between the different political interests that were at work in the Constituent Assembly. Thus, by the time of the drafting of the Indian constitution, political history played a dominant role, with norms giving way to a history of politics.

Sedition and Western Liberal Democracies

2018 ◽  
pp. 73-135
Author(s):  
Anushka Singh
Keyword(s):  
Political History ◽  
The Political ◽  
Liberal Democracies ◽  
History Of ◽  
The Law ◽  
Course Of Study

The second chapter leads to separate inquiries into the political history of the law of sedition in the three western liberal democracies, namely, England, USA, and Australia, based upon legislations, judicial trials, targets of the law and its relationship with counterterror legislations. In each country, there is one specific moment in relation to sedition that gains prominence through the course of study. The chapter offers a framework of three specific moments, namely, ‘abolition’, ‘restriction’, ‘modernization’, which most effectively define the place of sedition in that particular country.

Vim fieri veto: Apropos of a Recent Work

Antichthon ◽  
1972 ◽  
Vol 6 ◽  
pp. 63-73
Author(s):  
R.A. Bauman
Keyword(s):  
Recent Work ◽  
Political History ◽  
Social Background ◽  
Considerable Importance ◽  
The Political ◽  
Private Law ◽  
Basic Theme ◽  
History Of ◽  
The Law ◽  
Political Economic

Luigi Labruna makes a number of proposals, in his recent Vim fieri veto: alle radici di una ideologia, of considerable importance to both the legal and the political history of the later Republic. The basic theme of the work is the possessory interdict uti possidetis, but in furtherance of his avowed purpose of illuminating the juridical, political, economic and social background to this early possessory remedy the author moves freely and knowledgeably in a number of fields. It is well that it should be so. The delimitation of the boundaries of Roman private law in a purely juridical setting is and will always be an indispensable and rewarding discipline, but it is more and more coming to be realized that the law of a given society needs also to be seen in a wider ambit, not only for the better understanding of the law but also for the better understanding of the society. His successful application of this wider approach to the rather austere problems of the possessory interdicts marks Labruna’s work out as one of considerable significance and merit.

The political history of administration: Forms of the state in France in the nineteenth and twentieth centuries

2012 ◽  
Vol 33 (2) ◽  
pp. 19-42
Author(s):  
Alain Chatrtot
Keyword(s):  
Political History ◽  
The State ◽  
The Political ◽  
Political Problem ◽  
History Of ◽  
Nineteenth And Twentieth Centuries ◽  
Stark Contrast ◽  
Philosophical Debates

The few works that have focused on the history of the state in France stand in stark contrast to the vigor of the judgments made on its behalf. Thus a disparity emerged: the state as a political problem, or as a bureaucratic phenomenon, is at the heart of partisan passions and philosophical debates at the same time that it has remained a kind of ahistorical object.1

Conundrum on the Eve of Decolonization

2019 ◽  
pp. 68-121
Author(s):  
Arvind Elangovan
Keyword(s):  
Political History ◽  
Political Conflict ◽  
The Body ◽  
The Political ◽  
Constituent Assembly ◽  
History Of

This chapter examines the political history of the tumultuous years leading up to several political discussions on the eve of India’s decolonization. Conventionally appreciated only for its politics, this chapter underscores the influence that this political history had on ideas of constitutionalism. Fundamentally, the chapter points out that the Constituent Assembly (the body that eventually framed independent India’s constitution) emerged out of this political conflict and hence any claim of a presumed sovereignty of the Constituent Assembly must be tempered in the light of this history.

scholarly journals The political structure of the Empire of Brazil according to the Constitution of 1824

2020 ◽  
Vol 3 ◽  
pp. 77-84
Author(s):  
N. I. Koloskova ◽  
E. А. Аlentsov ◽  
E. А. Nedostup ◽  
O. S. Ostapovich
Keyword(s):  
The State ◽  
The Political ◽  
State Structure ◽  
Political Structure ◽  
Brazilian Society ◽  
Basic Law ◽  
History Of ◽  
The Creation ◽  
The Law

The article is devoted to the Constitution of Brazil of 1824, the first in the history of this country. The political structure of the Brazilian Empire described in the article was based on this Constitution, which was in force from its adoption until the proclamation of the First Brazilian Republic (1889). The article analyzes the tasks that stood at the creation of the Constitution and the main changes made to the state structure of Brazil after the law was initiated. It is emphasized that, although the Imperial Constitution did not solve all the problems in Brazilian society, it was the first to identify the issues to be resolved, and that the monarchy lasted longer in Brazil than successive Republican and dictatorial regimes, including thanks to the basic law of the country in the edition of 1824.

1869: State Elections and Reorganization

2008 ◽  
pp. 67-72
Author(s):  
John Roy Lynch
Keyword(s):  
State Government ◽  
Political History ◽  
The State ◽  
The Political ◽  
Popular Vote ◽  
History Of

This chapter explores how 1869 was an important year in the political history of the state of Mississippi. The new constitution which was rejected in 1868 was to be resubmitted to a popular vote in November. At the same time, state officers, members of the legislature, congressmen, and district and county officers were to be elected. Since the objectionable clauses in the constitution were to be submitted to a separate vote and since it was understood that both parties would favor their rejection, there was no serious opposition to the ratification of the constitution as thus amended. But a hard and stubborn fight was to be made for control of state government.

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