Balanced Constitutionalism

Courts and Legislatures in India and the United Kingdom (OIP)

Price: 595.00 INR

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ISBN:

9780190127671

Publication date:

16/09/2020

Paperback

352 pages

210x140mm

Price: 595.00 INR

We sell our titles through other companies
Disclaimer :You will be redirected to a third party website.The sole responsibility of supplies, condition of the product, availability of stock, date of delivery, mode of payment will be as promised by the said third party only. Prices and specifications may vary from the OUP India site.

ISBN:

9780190127671

Publication date:

16/09/2020

Paperback

352 pages

Second Edition Edition

Chintan Chandrachud

Compare judicial review under the Indian Constitution and the UK Human Rights Act,Thoroughly analyses case law and political practice in India and the UK,Offers a novel explanation for the superiority of the new model of constitutionalism over traditional models of judicial supremacy

Rights:  World Rights

Second Edition Edition

Chintan Chandrachud

Description

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.

About the Author


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

Chintan Chandrachud is an associate at the London office of Quinn Emanuel Urquhart & Sullivan LLP. He holds a PhD from the University of Cambridge, UK.

Second Edition Edition

Chintan Chandrachud

Table of contents

List of Tables and Figures
Table of Legislation
Table of Cases
Acknowledgement
List of Abbreviations and Acronyms

Introduction
1. Balancing Decision-making amongst Courts and Legislatures
2. Judicial Review and Political Responses
3. Comparing Political Responses in India and the United Kingdom
4. Judicial Review in the Shadow of Remedies
5. Collateral Institutions to Judicial Review
Conclusion
Appendix A: Political Responses to Judgments Striking Down Legislation in India
Appendix B: Political Responses to Declarations of Incompatibility in the United Kingdom
Index
About the Author

Second Edition Edition

Chintan Chandrachud

Second Edition Edition

Chintan Chandrachud

Second Edition Edition

Chintan Chandrachud

Description

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.

About the Author


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

Chintan Chandrachud is an associate at the London office of Quinn Emanuel Urquhart & Sullivan LLP. He holds a PhD from the University of Cambridge, UK.

Table of contents

List of Tables and Figures
Table of Legislation
Table of Cases
Acknowledgement
List of Abbreviations and Acronyms

Introduction
1. Balancing Decision-making amongst Courts and Legislatures
2. Judicial Review and Political Responses
3. Comparing Political Responses in India and the United Kingdom
4. Judicial Review in the Shadow of Remedies
5. Collateral Institutions to Judicial Review
Conclusion
Appendix A: Political Responses to Judgments Striking Down Legislation in India
Appendix B: Political Responses to Declarations of Incompatibility in the United Kingdom
Index
About the Author