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29th August 2018 The Hindu Editorial Analysis under 10 mins series
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India and ASEAN ; USA judiciary originalism vs evolutionism

Shobana Shermeelee
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dear sir ...nice explanation sir...thanks a lot
Mahesh Mishra
10 months ago
Shukriya ji apka☺️ please share to others
  1. 29th Aug 2018 THE HINDU Editorial Analysis ha ii


  2. Pieces of the Asian dream . In Singapore, Mr. Modi's speech proclaimed India's ambitions to garner influence in the Indo-Pacific region by increasing engagement with the Association of Southeast Asian Nations ASEAN), developing friendship with China, maintaining cordial ties with Russia, pursuing interests with Australia and engaging more with the U.S The reality is that the tug of power between India and China continues to impact sea lanes and chokepoints, with th se two Asian giants pursuing interests in the littoral states spread across the Indo-Pacific . While India pursues influence through heightened diplomatic,.....


  3. .bilateral and military engagement, China has started to garner influer through hard investments in cash-strapped littoral nations suffering fro massive infrastructural deficits. China's heav investments in ASEAN nations have brought these nations closer into its orbit of influence to the point where despite an international ruling against its activities in the South China Sea (SCS), the ASEAN as a bloc agreed to cooperate with China on a Code of Conduct instead of pursuing the international ruling . The ence of China on certain ASEAN states like Cambodia has been such that during the 2016 ASEAN ministerial meeting, Phnom Penh refused to endorse the joint communiqu if it referred to the international court ruling against Beijing. China is today Cambodia's largest provider of foreign aid and has invested in dams, oilfields, highways, textile operations and mines


  4. In the Philipp nes, President Rodrigo Duterte has been seeking rapprochement with China, especially after 2016, when U.S. legislat blocked the sale of about 26,000 M4 rifles. Beijing provided rifles w about $3.3 million to the Philippines police and guns worth $7.35 miion to fight against extremists in the city of Marawi ASEAN's trade with China far surpasses that with India, and Chinese foreign direct investment in ASEAN is nine times higher than India's . India has so far failed to provide any concrete plans for its immediate neighbourhood in South Asia, with countries like Nepal and Sri Lanka demonstrating interest in partnering with China. Souring of relations with Nepal due to the 2015 fuel blockade and failed strategic interventions in Sri Lanka have both undermined India's regional leadership


  5. . On the other hand, China's multibillion dollar investments in Sri Lanka ports and cities have inched the country much closer to China, and last year Sri Lanka handed over its Hambantota port to China on a 99-yea lease. Under its Belt and Road Initiative (BRI), China has over the yea promised billions to neighbouring states in the Indian Ocean Region to build a series of ports, something resource-constrained India will find difficult to match East and Southeast Asia to seek friendship with India, and today Indonesia and Singapore are looking to bolster relations with India the overt-assertiveness of China has driven many countries in . After the U.S., India enjoys global soft power through its art, literature, music, dance and cinema. India is perceived by many in East Asia as a friendly democracy, making the country a safe ally to have in the long rur


  6. Japan has significantly increased its engagement with India and the two countries enjoy robust military ties. India and Australia have initiate +2' dialogue signalling Canberra's interest in deepening a maritime seserity partnership with India With China, India can strike a betterstrategic bargain compared to the smaller states in the region. For example, it would be difficult for China to take forward the BRI without participation from India, which has reservations on the China-Pakistan Economic Corridor (CPEC). By demonstrating a willingness to join the BRI, India can positively influence China to reevaluate the details of the CPEC . With a strategic partnership with China, India can better pursue its own regional groupings like the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) and Bangladesh, Bhutan,..


  7. India and Nepal (BBIN) initiative. Since India can't match China's resource spending, strategic understanding with China can help streamline regional connectivity projects and help India gain influence in the region . At the SCO Summit, Mr. Xi renewed China's agreement with India on sharing data on the cross-border flow of waters from the Brahmaputra during the flood season, and the two countries signed a protocol that would enable all varieties of rice exports from India to China, a demand India has been pressing for quite some time to rectify its adverse balance of payments against China. Mr. Xi has also suggested a trade target of $100 billion by 2020, signalling a gradual increase in relations


  8. The final frontier of populism? . The Colorado Civil Rights Commission in the U.S. ruled that same- sex wedding cake case, was a case of discrimination. The baker moved the U.S. Supreme Court where he also argued that his refusal also involved a question of the freedom of expression. Creating a wedding cake was an artistic expression and he would not do that in support of a homosexual wedding The U.S. Supreme Court reversed the Colorado commission's order, in June, on the narrow grounds that its procedures were tainted by an animus towards the baker's faith. The court, however, did not rule on the questions of religious liberty, the freedom of.........


  9. ...expression and discrimination raised by the case- which are sure to come up in the future o When questions such as these come up in the context of executive or legislative action or inaction, it becomes the task of the judiciary to test them against the Constitution. There is a long-running debate in the U.S. on how the judiciary should interpret the Constitutior One school of thought, the originalists, believe that the constitutional text ought to be given the original meaning or intent that it would have at the time it was written. The evolutionists believe that the Constitution is a living document and the meaning of its text changes over time, as social attitudes change, and that the judges should interpret it accordingly U.S. President's two picks for the Supreme Court come from the originalist


  10. ....school. Mr. Trump's second nominee who awaits Senate confirmation as Supreme Court justice, came through the ranks of the Federalist Society, founded in 1982, by American conservatives and libertarians to promote originalism As of July, Mr. Trump has successfully appointed 43 judges, which includes, 22 appeals court judges and 20 district judges. Barack Obama and George W. Bush had each appointed only nine appeals court judges at this point in their presidencies. Dozens of more Trump nominees are awaiting Senate confirmation Mr. Trump inherited a huge number of judicial vacancies from the Obama presidency, as the Republican-majority Senate had slowed down appointments. It even refused to consider a Supreme Court nomination made by Mr. Obama, and the vacancy was filled only with Trumps


  11. ..guardian of the fundamental values of the society Varying degrees of judicial review provide a way to negotiate a balance between public opinion and values in democratic societies. In India, the judiciary can review even constitutional amendments o The legislative and executive branches are quicker in responding to people's will and often, shaping it. When Franklin D. Roosevelt was legislating New Deal measures in the 1930s, the American judiciary threw a spanner in the works. The President sought authority from the U.S. Congress to appoint six new justices on the Supreme Court. The Supreme Court began to relent, and scaled back its resistance to the New Deal, and a populist takeover of the judiciary was averted India also has seen a similar phase, when the judiciary resisted progressive..


  12. Originalism implies the intent and meaning of a group of white, Christian men who wrote the country's Constitution. Crucial questions on affirmative action, voting rights, immigration, abortion, religious liberty and homosexuals will be reviewed by the U.S judiciary in coming years A judiciary dismissive of the popular will could disrupt the balance of power among the branches; but a judiciary subservient to majoritarianism will certainly undermine democracy