Scribd Logo
Upload

Welcome to Scribd!

  • 7 views

    Public Law

    Uploaded by

    adv.suvodip
    Legal

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Public Law

    Uploaded by

    adv.suvodip
    7 views1 page
    Legal

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Legal

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    7 views1 page

    Public Law

    Uploaded by

    adv.suvodip
    Legal

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    You are on page 1of 1

    NATIONAL LAW UNIVERSITY DELHI

    LL.M., Semester- I (Batch of 2023)


    Repeat Examinations, July- 2024
    Paper: Comparative Public Law
    Time:3 Hours Total Marks: 50
    Instructions:
    1. All questions are compulsory and carry equal marks.
    2. Answer to any question should not exceed six sides.
    3. Reading material and class notes are allowed.
    4. All the answers must be comparative in nature.
    _____________________________________________________________________________

    Q.1 Professor Dicey said, “There exists at any given time a body of beliefs, convictions,
    sentiments, accepted principles, or firmly-rooted prejudices, which, taken together, make
    up the public opinion of a particular era, or what we may call the reigning or predominant
    current of opinion. ... it may be added that the whole body of beliefs existing in any given
    age may generally be traced to certain fundamental assumptions which at the time, whether
    they be actually true or false, are believed by the mass of the world to be true with such
    confidence that they hardly appear to bear the character of assumptions . . . The large
    currents of public opinion which in the main determine legislation, acquire their force and
    volume only by degrees, and are in their turn liable to be checked or superseded by other
    and adverse currents, which themselves gain strength only after a considerable lapse of
    time.” Elaborate upon the significance of above statement in understanding of what makes
    Public Law.
    Q.2 “The question is how much purchase Hirschl’s claims will have outside of the North
    American context. This North American bias also becomes clear in Hirschl’s description
    of what he sees as the basis for a new era of comparative law: globalization, the
    transnational era, and transnational legal environments”. Critically evaluate the above
    statement.
    Q.3 “The constitution is the state, because the state is treated as something genuinely
    imperative that corresponds to norms, and one sees in the state only a system of norms, a
    “legal” order, which does not actually exist, though it is valid in normative terms. The legal
    order, nonetheless, establishes an absolute concept of the constitution because a closed,
    systematic unity of norms is implemented and rendered equivalent to the state. Therefore,
    it is also possible to designate the constitution as “sovereign” in this sense, although that
    is in itself an unclear form of expression. For only something existing in concrete terms
    can properly be sovereign. A merely valid norm cannot be sovereign”. Explain the above
    statement.
    Q.4 “The distinction between directly and indirectly effective provisions applies to written and
    entrenched constitutional arrangements only; un-entrenched and in particular evolutionary
    constitutional legal provisions tend to be directly effective: if they are not directly
    effective, they are not law”. Elucidate with the help of suitable examples.
    Q.5 Write short notes on the following
    a) Indian idea of relationship between Law, State and Religion.
    b) Exceptionalism and emergency provisions.

    You might also like