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The Supreme Court of India

Burt Neuborne
International Journal of Constitutional Law , Volume 1 (3) Oxford University PressJul 1, 2003

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The Supreme Court of India

Abstract

sections of the foundational text be treated as final and binding by both the legislature and the executive. Each walks a tightrope between rights as a transformative force capable of sheltering and assisting the weak, and rights as a preservative force deployed in defense of the status quo. The editors have selected the Supreme Court of India to inaugurate the series. The Supreme Court of India has generated more than a half-century of constitutional jurisprudence in the world’s most populous democracy. It has wielded considerable formal power, including the exceptional power to strike down constitutional amendments.3 It serves an immensely complex society with an unequaled array of difficult problems and conflicts. We presently intend the next profile to focus on the Constitutional Court of South Africa. The editors will welcome readers’ comments on the project and on specific profiles. The “basic structure” doctrine that invalidates any effort to amend the Constitution of India that would destroy its “basic structure” was initially enunciated by the Supreme Court of India in Kesavananda Bharathi v. State of Kerala, A.I.R. 1973 S.C. 1461. Burt Neuborne* The Supreme Court of India construes and enforces the world’s lengthiest, most complex Constitution, a mammoth document
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/lp/oxford-university-press/the-supreme-court-of-india-Y1d6cYLVRt
Title
The Supreme Court of India
Author(s)
Burt Neuborne
Journal
International Journal of Constitutional Law , Volume 1 (3) Oxford University Press – Jul 1, 2003
Publisher
Oxford University Press
Copyright
Copyright © Oxford University Press
ISSN
1474-2640
eISSN
1474-2659
D.O.I.
10.1093/icon/1.3.476
Publisher site
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