LM107

Judicial Process
Programme: 
Master of Laws LLM12
Year / Semester: 
2nd Year

Block I Nature of judicial process
Unit-1 Judicial process as an instrument of social ordering; The tools and techniques of creativity and precedents
Unit-2 Judicial process and creativity in law- common law model-Legal Reasoning and growth of law- change and stability
Unit-3 Legal development and creativity through legal reasoning under         statutory and codified systems

Block II Special Dimensions of Judicial Process in Constitutional Adjudications
Unit-4 Notions of judicial review; Role in constitutional adjudication - various theories of judicial role
Unit-5 Tools and techniques in policy-making and creativity in constitutional adjudication
Unit-6 Problems of accountability and judicial law-making

Block III The Concepts of Justice
Unit-7 The concept of justice or Dharma in Indian thought; Dharma as the foundation of legal ordering in Indian thought and sources
Unit-8 The concept and various theories of justice in the western thought.
Unit-9 Various theoretical bases of justice: the liberal contractual tradition, the liberal; utilitarian tradition and the liberal moral tradition

Block IV Relation between Law and Justice
Unit-10 Equivalence Theories - Justice as nothing more than the positive law of the stronger class
Unit-11 Dependency theories - For its realization justice depends on law, but justice is not the same as law
Unit-12 The independence of justice theories - means to end relationship of law and justice; The relationship in the context of the Indian constitutional ordering
Unit-13 Analysis of selected cases of the Supreme Court where the judicial process can be; seen as influenced by theories of justice