• Research/Scholar Paper name – Judicial Perspective on Constitutionalism in India and South Africa: A Critical Analysis
  • Author: Sonakshi Pandey
  • Institution: Former Asst. Prof. (Law), Siddhartha Law College, Dehradun
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 18/06/2021

Abstract:

For any democratic country, constitution is a coherent living document that encircles all the ideas, beliefs, policies and arrangements according to which the social, political and legal life of its citizens is to be regulated. Constitution has been always considered as the Supreme law of the land.  In this scenario, if the fundamental law of any country itself is deficient and skimpy, the essence of the very notions of democracy and rule of law prevailed therein is going to be erroneously affected. Although the foundations and crux of the constitution remains perpetual and constant, the interpretation of its pliable provisions has been always done by judiciary time and again so that the notion of constitutionalism can be achieved. The cardinal relationship between constitution and constitutionalism remains in the fact that the constitution bestows powers on different organs of the government so that they govern the nation properly and fairly constitutionalism on the other hand believes that if there is a need for the government then there is also a need to curb their powers. Constitutionalism believes in the idea that there should be the ascendancy of law and not of the individuals.  Constitutionalism wishes for that arranged structure in a democratic country where government powers must be curtailed from being arbitrary and supremacy of laws must prevail. 

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Judicial Perspective on Constitutionalism in India and South Africa: A Critical Analysis

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