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Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom

By: Publication details: New Delhi: Oxford University Press, 2016Description: 292ISBN:
  • 9780190127671
Subject(s): DDC classification:
  • 342.5402 CHA
Summary: 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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Holdings
Item type Current library Call number Status Date due Barcode Item holds
Book Book Alliance School of Law 342.5402 CHA (Browse shelf(Opens below)) Available L09672
Reference Book Reference Book Alliance School of Law 342.5402 CHA (Browse shelf(Opens below)) Not for loan L09669
Book Book Alliance School of Law 342.5402 CHA (Browse shelf(Opens below)) Available L09671
Book Book Alliance School of Law 342.5402 CHA (Browse shelf(Opens below)) Available L09670
Book Book Alliance School of Law 342.5402 CHA (Browse shelf(Opens below)) Available L09673
Total holds: 0

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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