“Constitutional Morality: ‘No Entry’ in Adjudication?” April 5, 5 April 2019
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 5 April 2019
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Baxi responds to critics who view "constitutional morality" as a vague or "dangerous" judicial tool. He argues that it is, in fact, the "anchor of the Constitution." The synopsis clarifies that constitutional morality is not about the personal whims of judges, but about the core values of liberty, equality, and fraternity. He critiques the executive’s resistance to this concept, asserting that without constitutional morality, adjudication becomes a mere exercise in rule-following, often at the cost of substantive justice. It is the "internal morality" of the law that prevents the "tyranny of the majority." In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository