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

Chintan Chandrachud

Abstract

The Human Rights Act (HRA) of the UK, enacted in 1998, provoked particular interest amongst scholars. Unlike systems of parliamentary sovereignty and judicial supremacy, it promised a new, ‘balanced’ model for the protection of rights, which conferred courts with a limited power of review over legislation. Under this new model, rights-based decision-making was expected to be balanced amongst courts and legislatures, rather than lopsided in favour of either. Indian courts, on the other hand, have always been constitutionally entrusted with the power to strike down primary legislation enacted by ... More

Keywords: UK Human Rights Act, Indian Constitution, balanced constitutionalism, declaration of incompatibility, judicial review, judicial supremacy, legislative responses

Bibliographic Information

Print publication date: 2017 Print ISBN-13: 9780199470587
Published to Oxford Scholarship Online: March 2017 DOI:10.1093/acprof:oso/9780199470587.001.0001

Authors

Affiliations are at time of print publication.

Chintan Chandrachud, author
Associate, London office of Quinn Emanuel Urquhart & Sullivan LLP