The document provides an overview of the module 1 readings which cover the foundations of law including legal systems, sources of law, institutions of government, federalism and branches of government, legal processes and procedures, and the importance of precedent and persuasive argument. It lists readings and key topics to be covered in each session including what is law, common law vs. civil law, separation of powers, federalism, the parliament, judiciary, executive, precedent, and use of international law in domestic contexts.
The document provides an overview of the module 1 readings which cover the foundations of law including legal systems, sources of law, institutions of government, federalism and branches of government, legal processes and procedures, and the importance of precedent and persuasive argument. It lists readings and key topics to be covered in each session including what is law, common law vs. civil law, separation of powers, federalism, the parliament, judiciary, executive, precedent, and use of international law in domestic contexts.
The document provides an overview of the module 1 readings which cover the foundations of law including legal systems, sources of law, institutions of government, federalism and branches of government, legal processes and procedures, and the importance of precedent and persuasive argument. It lists readings and key topics to be covered in each session including what is law, common law vs. civil law, separation of powers, federalism, the parliament, judiciary, executive, precedent, and use of international law in domestic contexts.
Jaap Hage, Antonia Waltermann, BramAkkermans (eds), “Introduction to Law” (2nd edn, Springer, Maastricht), Chapters 1-3 V.S. Deshpande (revised by Thomas Paul), “Nature of Indian Legal System” Joseph Dainow, “The Civil Law and the Common Law: Some Points of Comparison” (1966-67) 15(3) The American Journal of Comparative Law pp. 419-435
Segment: What is the Law?
Segment: Sources of Law (common law, civil law, international law)
Session: Institutions of Government
Sujit Choudhry, Madhav Khosla, and Pratap Bhanu Mehta (eds), o Chapter 15: Justice (Retd.) Ruma Pal, “Separation of Powers” o Chapter 25: M.P. Singh, “The Federal Scheme” Durga Das Basu, “Introduction to the Constitution of India” (24th edn, LexisNexis) o Chapter 5, “Nature of the Federal System” o Chapter
Segment: Federalism and Branches of Government (Parliament, Executive, Judiciary)
Segment: Separation of Powers
Session: Legal Processes and Procedures
Durga Das Basu, “Introduction to the Constitution of India” (24th edn, LexisNexis) o Chapter 11, “The Union Executive” o Chapter 12, “The Union Legislature” o Chapter 13, “The State Executive” o Chapter 14, “The State Legislature” o Chapter 22, “The Supreme Court”
Segment: The Parliament – How Laws are Made
Segment: The Judiciary – How Laws are Interpreted
Discussion: Adversarial and Inquisitorial systems
Segment: The Executive – How Laws are Administered
Session: The Importance of Precedent and Persuasive Argument
V.G. Hegde, “Indian Courts and International Law” (2010) 23(1) Leiden Journal of International Law pp. 53-77 Khagesh Gautam, “The Use of International Law in Constitutional Interpretation in the Supreme Court of India” (2019) 55(1) Stanford Journal of International Law 27
Segment: The Doctrine of Precedent (Ratio vs. Obiter Dicta)
Segment: The Use of International and Foreign Sources of Law in Domestic Contexts