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This book provides a new conceptual model for considering
constitutional rights from a comparative perspective. A prestigious
club bars women from standing for executive positions. A homeowner
refuses to rent their house to a person on grounds of their race.
Each of these real-life cases involves the exercise of private
power, which deprives individuals of their rights. Can these
individuals invoke the Constitution in response? Horizontal Rights:
An Institutional Approach brings a fresh perspective to these
age-old, yet fraught issues. This book argues that constitutional
scholarship and doctrine, across jurisdictions, has proceeded from
an inarticulate premise called ‘default verticality.’ This is
based on a set of underlying philosophical assumptions, which
presumes that constitutional rights are presumptively applicable
against the State, and need special justification to be applied
against private parties. Departing from default verticality and its
assumptions, this book argues that constitutional rights should
apply horizontally between private parties where the existence of
an economic, social, or cultural institution creates a difference
in power between the parties, and allows one to violate the rights
of the other. The institutional approach aims to be both
theoretically convincing, as well as a providing a workable model
for constitutional adjudication. It applies both to classic issues
such as restrictive covenants, as well as cutting-edge contemporary
legal problems around the regulation of platform work and the
distribution of property upon divorce. This promises to be an
exciting new contribution to the global conversation around
constitutional rights and private power.
How does one view the cumulative work of one's life? For Gautam
Bhatia, this publication is not merely a record of his personal or
professional legacy, but rather it is a profound examination of his
life in architecture. According to the author, architecture is, by
its very nature, a practice of contradictions. It operates under
influences from sociology, design, engineering, landscape,
anthropology, urbanism and civic practice in order to impose its
will on the nature of space. This publication brings together
several of the author's built works, from commercial and
residential buildings to large public spaces, from places of
leisure to places of worship. Together with detailed essays,
drawings and photographs, the author lays out his philosophy of
design to illustrate how architecture became not just a conquest of
the imagination, but also of reality. To physically will a building
onto a site is an act of design, but to set it free onto a course
of transformation is an act of architecture - into a realm beyond
the present, where the space is not just made, but lives and dies.
The author demonstrates how his practice became not just a tool for
solving problems, but also a mode of personal expression, making
this volume an invaluable resource for students and practitioners
of architecture alike.
Offend, Shock, or Disturb is a comprehensive examination of free
speech under the Indian Constitution. It explores Indian free
speech jurisprudence from a doctrinal, comparative, and
philosophical perspective. Taking as its point of departure the
constitutional guarantee of the freedom of speech and expression
under Articles 19(1)(a) and 19(2) of the Constitution of India, the
book discusses, clause by clause, the development of law from
colonial times to present-day controversies. Issues relating to
public order, sedition, obscenity and pornography, hate speech,
film and online censorship, privacy and defamation, the contempt of
court, the nature of speech and the relationship between free
speech and economic structure, and the inter-relationships between
them have been comprehensively examined. As free speech campaigns
gain intensity by the day, the book presents the myriad
understandings and limitations of the free speech law, and suggests
possible pathways for the future.
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The Wall (Paperback)
Gautam Bhatia
bundle available
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R512
Discovery Miles 5 120
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Ships in 10 - 15 working days
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