““Hooks” “Pillars” and “Foundations” of Constitutionalism: Basic Stature in Kenyan Jurisprudence”, 21 May 2021
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: 21 May 2021
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 explores the "quiescence" of British courts when faced with expansive executive power, particularly regarding "Henry VIII clauses" that allow ministers to amend primary legislation. He contrasts the UK’s parliamentary sovereignty with India’s constitutional supremacy. Baxi argues that while the UK lacks a written constitution to provide explicit "hooks" for judicial review, the Indian judiciary has a greater mandate to check executive overreach. The article serves as a warning against the global trend of "executive rule-making," which threatens to bypass legislative deliberation and erode the democratic checks and balances essential for the rule of law. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository