Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom
Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom
Cite
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 the Union and state legislatures. 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. It argues that although the HRA fosters a more balanced allocation of powers between legislatures and courts than the Indian Constitution, it does so for a novel reason. 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.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 1 |
October 2022 | 2 |
October 2022 | 1 |
October 2022 | 2 |
October 2022 | 2 |
October 2022 | 2 |
October 2022 | 6 |
October 2022 | 2 |
October 2022 | 1 |
October 2022 | 1 |
October 2022 | 3 |
October 2022 | 1 |
October 2022 | 3 |
October 2022 | 3 |
October 2022 | 1 |
October 2022 | 1 |
October 2022 | 1 |
November 2022 | 4 |
November 2022 | 5 |
November 2022 | 5 |
November 2022 | 3 |
November 2022 | 4 |
November 2022 | 10 |
November 2022 | 2 |
November 2022 | 3 |
December 2022 | 1 |
December 2022 | 1 |
December 2022 | 1 |
December 2022 | 2 |
December 2022 | 2 |
January 2023 | 4 |
January 2023 | 2 |
January 2023 | 3 |
January 2023 | 1 |
January 2023 | 2 |
January 2023 | 3 |
January 2023 | 2 |
January 2023 | 2 |
January 2023 | 2 |
January 2023 | 2 |
January 2023 | 2 |
January 2023 | 4 |
January 2023 | 2 |
January 2023 | 2 |
January 2023 | 2 |
January 2023 | 3 |
January 2023 | 2 |
January 2023 | 2 |
February 2023 | 2 |
February 2023 | 3 |
February 2023 | 1 |
March 2023 | 1 |
March 2023 | 1 |
March 2023 | 1 |
March 2023 | 1 |
March 2023 | 3 |
March 2023 | 1 |
March 2023 | 1 |
March 2023 | 10 |
March 2023 | 6 |
April 2023 | 1 |
April 2023 | 1 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 1 |
April 2023 | 2 |
April 2023 | 4 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 2 |
April 2023 | 1 |
May 2023 | 2 |
June 2023 | 1 |
June 2023 | 2 |
June 2023 | 3 |
June 2023 | 3 |
June 2023 | 3 |
June 2023 | 3 |
June 2023 | 3 |
July 2023 | 2 |
July 2023 | 2 |
July 2023 | 1 |
August 2023 | 7 |
August 2023 | 1 |
August 2023 | 6 |
August 2023 | 2 |
October 2023 | 1 |
October 2023 | 1 |
October 2023 | 1 |
October 2023 | 1 |
October 2023 | 4 |
October 2023 | 1 |
October 2023 | 4 |
October 2023 | 1 |
November 2023 | 2 |
November 2023 | 1 |
November 2023 | 2 |
November 2023 | 5 |
November 2023 | 2 |
November 2023 | 4 |
December 2023 | 1 |
January 2024 | 1 |
January 2024 | 3 |
January 2024 | 1 |
January 2024 | 1 |
January 2024 | 1 |
February 2024 | 3 |
February 2024 | 1 |
February 2024 | 3 |
February 2024 | 3 |
February 2024 | 6 |
February 2024 | 3 |
February 2024 | 6 |
February 2024 | 3 |
February 2024 | 3 |
February 2024 | 3 |
February 2024 | 4 |
February 2024 | 5 |
February 2024 | 3 |
February 2024 | 3 |
February 2024 | 3 |
February 2024 | 4 |
February 2024 | 3 |
February 2024 | 3 |
February 2024 | 3 |
March 2024 | 1 |
March 2024 | 1 |
March 2024 | 3 |
March 2024 | 4 |
March 2024 | 1 |
March 2024 | 1 |
April 2024 | 1 |
April 2024 | 2 |
April 2024 | 2 |
April 2024 | 2 |
May 2024 | 1 |
May 2024 | 3 |
May 2024 | 3 |
May 2024 | 1 |
May 2024 | 4 |
May 2024 | 4 |
June 2024 | 1 |
June 2024 | 1 |
June 2024 | 1 |
June 2024 | 2 |
June 2024 | 2 |
June 2024 | 2 |
June 2024 | 6 |
June 2024 | 1 |
June 2024 | 1 |
June 2024 | 1 |
June 2024 | 5 |
June 2024 | 2 |
June 2024 | 2 |
June 2024 | 1 |
June 2024 | 1 |
June 2024 | 1 |
June 2024 | 1 |
July 2024 | 1 |
July 2024 | 1 |
July 2024 | 3 |
July 2024 | 3 |
July 2024 | 1 |
July 2024 | 1 |
July 2024 | 5 |
July 2024 | 3 |
July 2024 | 2 |
August 2024 | 1 |
August 2024 | 2 |
August 2024 | 1 |
August 2024 | 8 |
August 2024 | 1 |
August 2024 | 2 |
September 2024 | 1 |
September 2024 | 2 |
October 2024 | 2 |
October 2024 | 3 |
November 2024 | 2 |
November 2024 | 1 |
December 2024 | 5 |
December 2024 | 1 |
December 2024 | 1 |
December 2024 | 1 |
January 2025 | 1 |
January 2025 | 1 |
January 2025 | 1 |
January 2025 | 1 |
January 2025 | 1 |
January 2025 | 1 |
January 2025 | 7 |
January 2025 | 2 |
January 2025 | 6 |
February 2025 | 1 |
February 2025 | 1 |
March 2025 | 4 |
March 2025 | 2 |
March 2025 | 1 |
March 2025 | 1 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 1 |
March 2025 | 3 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 1 |
March 2025 | 3 |
March 2025 | 2 |
March 2025 | 1 |
April 2025 | 1 |
April 2025 | 1 |
May 2025 | 1 |
May 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.