Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom by Chintan ChandrachudBalanced Constitutionalism: Courts and Legislatures in India and the United Kingdom by Chintan Chandrachud

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

byChintan Chandrachud

Hardcover | January 25, 2017

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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 overlegislation. 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 legislationenacted 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 betweenlegislatures 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 genuineinterpretations of rights in situations in which Indian courts find it difficult to do so.
Chintan Chandrachud is an associate at the London office of Quinn Emanuel Urquhart and Sullivan LLP. He holds a PhD from the University of Cambridge, UK.
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Title:Balanced Constitutionalism: Courts and Legislatures in India and the United KingdomFormat:HardcoverDimensions:352 pages, 8.5 × 5.43 × 1.23 inPublished:January 25, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199470588

ISBN - 13:9780199470587

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Table of Contents

List of Tables and FiguresTable of LegislationTable of CasesAcknowledgementList of Abbreviations and AcronymsIntroduction1. Balancing Decision-making amongst Courts and Legislatures2. Judicial Review and Political Responses3. Comparing Political Responses in India and the United Kingdom4. Judicial Review in the Shadow of Remedies5. Collateral Institutions to Judicial ReviewConclusionAppendix A: Political Responses to Judgments Striking Down Legislation in IndiaAppendix B: Political Responses to Declarations of Incompatibility in the United KingdomIndexAbout the Author