Courts are the cornerstone of an ordered society. Legislature legislates or enacts law and statutes are the edict of the legislature. Courts implement those edicts through interpretation. Legislature lays down the general principles. Judiciary applies those principles in concrete cases. From the earliest Vedic ages, India has had a recorded legal history. In fact, a civil legal system might well have been in existence in the Bronze Age and in the Indus Valley civilization. India was always governed by laws as laid down in the Arthashastra way back in 400 BC and then later in 100 AD in the Manusmriti. The Vedas, Upanishads and other religious books of the Hindus, Jains and Buddhists put laws in place in ancient India, so the Indians of these times were already exposed to the idea of living under the law. The first major case of judicial activism through social action litigation was the Bihar under trials case. In 1980 in came in the form of a writ petition under Article 21 by some professions of law revealing the barbaric conditions of detention in the Agra protective Home, followed by a case against Delhi women's Home field by a Delhi law faculty student and a social worker. Judicial activism is not an aberration. It is an essential aspect of the dynamics of a constitutional court. It is a counter-majoritarian check on democracy. Judicial activism, however, does not mean governance by the judiciary. Judicial activism must also function within the limits of the judicial process. Within those limits, it performs the function of stigmatizing, as well as legitimizing, the actions of the other bodies of government – more often legitimizing than stigmatizing.
REVIEW ARTICLE | May 30, 2018
The Role of International Economic Institutions and Economic Development Agreements (EDAs) in pursuing Sustainable Development
Chukwu, Johnkennedy Obinna
Page no 35-38 |
10.36348/sijlcj.2018.v01i02.002
The relevance of the International economic institutions and Economic Development Agreements (EDAs) in the world today cannot be overemphasized. Several scholars have opined that they engender developments, particularly, in the country or countries of interest, and/or where the EDAs have binding force. In the same vein, the concept and principles of sustainable development balances the need for economic advancement with the need to preserve global environment to the benefit of the present and future generation. This paper examined the role of international economic institutions and economic development agreements in pursuing sustainable development. From the examination, it was observed that EDAs executed between countries now consider environmental factors and other aspects of sustainable development as veritable elements. And that Sustainable development has reshaped the interpretation of key provisions within the WTO’s agreements.
REVIEW ARTICLE | May 30, 2018
Evaluation of the New International Economic Order: Its Possibilities and Challenges
Obinna Johnkennedy Chukwu
Page no 39-45 |
10.36348/sijlcj.2018.v01i02.003
It is now over four decades since the idea of a New International Economic Order (NIEO) was proposed. Same is still been popularized, applauded tacitly by the developing Nations and seen as the way to go by the international community. This work seeks to examine the proposed new economic order and its possibilities and challenges. The analysis indicates that no significant progress has been made in the demands listed as contributing to the NIEO, especially, the ones that are germane to the heart of the present system. They are in the areas of money and finance; integrated programme and terms of trade; technology and TNEs; sovereignty and equal rights; and co-operation among developing countries. It is important to state that as long as these basic issues are not resolved and a consensus does not emerge concerning them. The possibility of a new international economic order will continue to gloom.
ORIGINAL RESEARCH ARTICLE | May 30, 2018
Delinquency, Careers, and Prospects: A Conceptual Paper
Mohd Al’Ikhsan Ghazali, Siti Salwa Md Sawari, Naimatul Azkiyai Abdullah
Page no 46-48 |
10.36348/sijlcj.2018.v01i02.004
Legal opinion to protect the society and juvenile offenders is important from social aspect. Bad boy or bad girl labelled towards the juvenile in the rehabilitation centre should be scrapped because it is tantamount to killing the hopes and indirectly makes them thinking that they are useless. The ultimate outcome of this vicious cycle may trap them in constant negativity and poverty even for their entire lifetime, unemployment and periodic incarceration, dependency for substance abuse, and failure to maintain societal norms. The purposes of this study is to review planning and career prospects for juvenile and develop a model for the future of juvenile delinquency career. Methods of quantitative and qualitative studies will be used in the study. All survey data will be analyzed using the Statistical Package for the Social Science (IBM SPSS) software, while the interviews will be analyzed using Nvivo.