Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom
Chintan Chandrachud
  • ISBN : 9780199470587
  • year : 2017
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This book examines the promise of the new model of judicial review against its performance in practice by comparing judicial review under the Human Rights Act (HRA) of the UK to an exemplar of the old model of judicial review, the Indian Constitution. It argues that although the HRA fosters a more balanced allocation of powers between legislatures and courts than the Indian Constitution, it does so for a novel reason. Balanced constitutionalism is not achieved through the legislative rejection of judicial decision-making about rights. Instead, the nature of the remedy under the HRA enables British courts to assert their genuine interpretations of rights in situations in which Indian courts find it difficult to do so.