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Type: Journal article
Title: The Form and Formation of Constitutionalism in India
Author: Babie, P.
Bhanu, A.
Citation: Laws, 2022; 11(2):33-1-33-8
Publisher: MDPI AG
Issue Date: 2022
ISSN: 2075-471X
Statement of
Paul T. Babie and Arvind P. Bhanu
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
Description: Published: 7 April 2022
Rights: Copyright: © 2022 by the authors. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (https:// 4.0/).
DOI: 10.3390/laws11020033
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Appears in Collections:Law publications

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