Constitutionalism and the Rule of Law: In a Theatre of Democracy

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Constitutionalism and the Rule of Law: In a Theatre of Democracy

By Justice A K Sikri
Eastern Book Company July 2023

Specifications

ISBN-13
9788119114054
Publisher
Eastern Book Company
Publication
July 2023
Format
Hardback
Jurisdiction
India ? Countri(es) for reference only

Details

Authored by Justice A.K. Sikri, one of India's most distinguished Judges, Constitutionalism and the Rule of Law in a Theatre of Democracy reflects on his profound experience as a Judge as much as it does on his transformative vision of the Constitution. It is a comprehensive commentary on the jurisprudence underlying the development of the law. The book covers the expansion of the scope of judicial review and the heightened standards of scrutiny devised by courts. The book provides ring-side insights into the jurisprudence of dignity which has led to the expansion of Fundamental Rights. The author gives us an opportunity to analyze the process of social transformation through the interpretation of the law. The book covers various other allied concepts in the law, such as the globalization of judging and the inextricable link between the law, literature, and gender justice.

Table of Contents

Table of Cases
Introduction

Part A - CONSTITUTIONALISM, RULE OF LAW, AND JUDICIAL REVIEW
1. Role of the Judge in a Democracy
2. Constitutional Democracy: India’s Moments
3. Judicial Review: The Indian Experience
4. Rule of Law: Protecting the Constitution and Democracy in India
5. Judicial Review and the Principle of Proportionality
6. Proportionality: A Balancing Act for Achieving Constitutional Rights

Part B - JUDICIARY, HUMAN RIGHTS, AND DIGNITY
7. Fundamental Duties
8. Judiciary’s Relevance in a Democracy: The Role of Law Schools
9. Social Transformation Through Judicial Process in India
10. Growing Significance of Dignity Jurisprudence in the World of Ascending Human Rights
11. Human Rights of the Disabled: The World in Slow Motion
12. Negotiating Spaces: Gender Justice

Part C - LAW’S CO-RELATIONS IN THE QUEST FOR JUSTICE
13. Mediation: New Dimension of Access to Justice
14. The Power of Mediation
15. Exploring the Relationship Between Conflict and Law
16. The Inexplicable Yet Unavoidable Relationship Between Law and Literature
17. Globalisation of Judging
18. Law and Economics
19. Spirituality and Legal Profession

Part D - TRIBUTE TO MY TEACHERS
20. Professor Upendra Baxi: A Remarkable Intellectual Journey and Works
21. Professor M.P. Singh: An Appreciation
22. Bidding Adieu: My Farewell Speech
Afterword — Justice Rohinton Fali Nariman

Part E - APPENDICES
Mahender Chawla v. Union of India, (2019) 14 Supreme Court Cases 615
Indian Hotel & Restaurant Assn. (AHAR) v. State of Maharashtra, (2019) 3 Supreme Court Cases 429
K.S. Puttaswamy (Aadhaar-5J.) v. Union of India, (2019) 1 Supreme Court Cases 1
Common Cause v. Union of India, (2018) 5 Supreme Court Cases 1
Jeeja Ghosh v. Union of India, (2016) 7 Supreme Court Cases 761
National Legal Services Authority v. Union of India, (2014) 5 Supreme Court Cases 438: 2014 SCC OnLine SC 328
Subject Index
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