David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
The Indian Supreme Court has invited a great deal of interest for its alleged activism and the role which it has begun to play in Indian governance. Recent years have been witness to substantial debate on the Court’s functioning, with scholars positing views and raising concerns with considerable passion. This paper analyzes the judicial activism discourse in the Indian Supreme Court by focusing on the contributions of Professor Upendra Baxi. It argues that despite the attention the Court has received on the question of judicial activism, the debate in this area has, for the large part, failed to engage with the meaning of the term “judicial activism” and examine the manner in which it is determined. This paper contends that a recent model to measure judicial activism proposed by Cohn and Kremnitzer can fill this void. It applies the model to three major cases of the Indian Supreme Court, to demonstrate how it can enable us to arrive at a sophisticated understanding of when decisions are activist; and how decisions may be activist by some parameters and restrained by others. In particular, it illustrates that commentary on the Court needs to evolve and engage with judicial decision-making in a far more rigorous fashion. Through its qualitative analysis, this paper suggests that the Cohn-Kremnitzer model can play an important role in moving beyond the current impasse in the debates on judicial activism in the Indian Supreme Court.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
William A. Edmundson (2007). Schauer on Precedent in the U.S. Supreme Court. Georgia State University Law Review 24 (2):403-13.
Gavin Michael Barrett, Taking the Direct Route - the Irish Supreme Court Decisions in Crotty, Coughlan and McKenna (No. 2).
Thom Brooks (2003). Does Philosophy Deserve a Place at the Supreme Court? Rutgers Law Record 27 (1):1-17.
Wade K. Wright, Facilitating Intergovernmental Dialogue: Federalism, Judicial Review and the Supreme Court of Canada.
Angelique EagleWoman, Strate V. A-1 Contractors: Intrusion Into the Sovereign Domain of Native Nations.
Simon Butt, The Constitutional Court's Decision in the Dispute Between the Supreme Court and the Judicial Commission: Banishing Judicial Accountability?
Added to index2009-04-30
Total downloads7 ( #198,842 of 1,168,031 )
Recent downloads (6 months)1 ( #140,420 of 1,168,031 )
How can I increase my downloads?