Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-rdxmf Total loading time: 0 Render date: 2024-11-25T21:52:18.120Z Has data issue: false hasContentIssue false

4 - India’s First Period

Constitutional Doctrine and Constitutional Stability

from Part I - The Problem of Transformation in Constitutional Design

Published online by Cambridge University Press:  28 February 2020

Tom Ginsburg
Affiliation:
University of Chicago
Aziz Z. Huq
Affiliation:
University of Chicago
Get access

Summary

Studies on constitutional stability and endurance rarely gesture toward the role of legal doctrine. While the workings of courts are often considered in understanding how a constitutional order might be sustained, this is almost variably achieved by examining the relationship between courts and other institutions. This chapter takes a different approach and studies the way in which constitutional consolidation might also be shaped by the doctrinal orientations and forms of reasoning that courts adopt. It does so by considering the first period of Indian constitutionalism. The focus is on two specific areas: the place of the Directive Principles in India’s constitutional schema, and the confrontation between the judiciary and the legislature over land reform. In both instances, the judiciary helped to preserve the constitutional order, by sidestepping tensions that could have exploded and by carefully tailoring and minimizing disagreement, respectively.

Type
Chapter
Information
From Parchment to Practice
Implementing New Constitutions
, pp. 76 - 97
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×