“Jurisprudence across the Palk Strait”, 21 January 2023
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 January 2023
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
Comparing the legal systems of India and Sri Lanka, Baxi analyzes how both nations handle executive overreach. He notes that while both share a common law heritage, India has used the "Basic Structure Doctrine" more effectively to protect its constitutional identity. Sri Lanka’s history of constitutional turbulence and executive dominance serves as a cautionary tale. The article highlights the importance of an independent judiciary in South Asia, where intense political and ethnic tensions often pressure the courts. Baxi advocates for a "regional constitutionalism" where neighbors learn from each other’s successes and failures in protecting minority rights. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository