The Form and Formation of Constitutionalism in India

Paul T. Babie and Arvind P. Bhanu
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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

Laws, 2022, vol. 11, issue 2, 1-8

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.

Keywords: We the People; constitutionalism; power with right; government; limitation on power (search for similar items in EconPapers)
JEL-codes: D78 E61 E62 F13 F42 F68 K0 K1 K2 K3 K4 (search for similar items in EconPapers)
Date: 2022
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