Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom (Oip)
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Book Overview The Human Rights Act (HRA) of the UK, 1998, unlike systems of parliamentary sovereignty and judicial supremacy, promised a new, 'balanced...
The Human Rights Act (HRA) of the UK, 1998, unlike systems of parliamentary sovereignty and judicial supremacy, promised a new, 'balanced' model for the protection of rights, which conferred courts with limited power of review over legislation. 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. 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.
Book Details Format: Paperback | Pages: 352 | Language: English | Publisher: OXFORD UNIV PR | ISBN: 0190127678
FormatPaperback
Pages352
LanguageEnglish
ISBN0190127678
EAN9780190127671
PublisherOXFORD UNIV PR
Publication Date1970-01-01
Edition2
AccessoriesNo Accessory
ConditionNew
Product TypeQUALITY PAPERBACK BOOKS
Weight0.7 Pounds
Length8.4 Inches
Width5.5 Inches
Height0.9 Inches
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