Balanced Constitutionalism : Courts and Legislatures in India and the United Kingdom (OIP)
2 Revised edition
Book Details
Format
Paperback / Softback
ISBN-10
0190127678
ISBN-13
9780190127671
Edition
2 Revised edition
Publisher
OUP India
Imprint
OUP India
Country of Manufacture
IN
Country of Publication
GB
Publication Date
Oct 14th, 2020
Print length
352 Pages
Weight
318 grams
Dimensions
21.50 x 13.90 x 2.10 cms
Product Classification:
Comparative lawConstitutional & administrative law
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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.
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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