The Trump Card of Judicial Review, 18 July 2020
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: 18 July 2020
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 examines the global significance of judicial review as a "trump card" against executive overreach, specifically through the lens of US and Indian developments. He argues that while judicial review is a "basic structure" of democracy, it must be exercised with "judicial self-restraint" to avoid becoming a "super-legislature." The article discusses the tension between the "will of the people" (represented by the executive) and the "will of the Constitution" (guarded by the judiciary). Baxi posits that a robust judicial review process is the only safeguard against the "tyranny of the majority" and the potential rise of elective autocracy. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository