Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom
Publication details: New Delhi: Oxford University Press, 2016Description: 292ISBN:- 9780190127671
- 342.5402 CHA
Item type | Current library | Call number | Status | Date due | Barcode | Item holds | |
---|---|---|---|---|---|---|---|
Book | Alliance School of Law | 342.5402 CHA (Browse shelf(Opens below)) | Available | L09672 | |||
Reference Book | Alliance School of Law | 342.5402 CHA (Browse shelf(Opens below)) | Not for loan | L09669 | |||
Book | Alliance School of Law | 342.5402 CHA (Browse shelf(Opens below)) | Available | L09671 | |||
Book | Alliance School of Law | 342.5402 CHA (Browse shelf(Opens below)) | Available | L09670 | |||
Book | Alliance School of Law | 342.5402 CHA (Browse shelf(Opens below)) | Available | L09673 |
The Human Rights Act (HRA) of the UK, 1998, unlike systems of parliamentary sovereignty and judicial supremacy, promised a new, 'balanced' model for the protection of rights, which conferred courts with limited power of review over legislation. This book examines the promise of the new model against its performance in practice by comparing judicial review under the HRA to an exemplar of the old model of judicial review, the Indian Constitution. Balanced constitutionalism is not achieved through the legislative rejection of judicial decision-making about rights. Instead, the nature of the remedy under the HRA enables British courts to assert their genuine interpretations of rights in situations in which Indian courts find it difficult to do so.
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