IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v11y2022i2p33-d788748.html
   My bibliography  Save this article

The Form and Formation of Constitutionalism in India

Author

Listed:
  • Paul T. Babie

    (Adelaide Law School, Faculty of Arts, Business, Law and Economics, The University of Adelaide, Adelaide 5005, Australia)

  • Arvind P. Bhanu

    (Amity Law School, Amity University Campus, Noida 201303, India)

Abstract

To allow for the effective functioning of a state, measures are necessary to limit the power of government, securing to the people certain fundamental human rights. These limitations are frequently referred to as ‘constitutionalism’. This essay explores the nature of constitutionalism found in India, and specifically as it has evolved through judicial interpretation—the process whereby judicial decisions have given meaning and content to the written constitution. In this way, the judiciary has balanced the power of government with the rights of the people. Constitutionalism is indispensable to effective governance, balancing power with right.

Suggested Citation

  • Paul T. Babie & Arvind P. Bhanu, 2022. "The Form and Formation of Constitutionalism in India," Laws, MDPI, vol. 11(2), pages 1-8, April.
    • Handle: RePEc:gam:jlawss:v:11:y:2022:i:2:p:33-:d:788748
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/11/2/33/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2075-471X/11/2/33/
    Download Restriction: no
    ---><---

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:11:y:2022:i:2:p:33-:d:788748. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.