Constitutional morality and authoritarianism: Percolating constitutionalism through judicial interpretation (Record no. 523883)

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100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Ahmad, M.D., Zeeshan and Wani, Showkat Ahmad
245 ## - TITLE STATEMENT
Title Constitutional morality and authoritarianism: Percolating constitutionalism through judicial interpretation
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Place of publication, distribution, etc Indian Journal of Public Administration
300 ## - PHYSICAL DESCRIPTION
Extent 69(3), Sep, 2023: p.624-637
520 ## - SUMMARY, ETC.
Summary, etc Modern political and democratic thinking is broadly dominated by liberal constitutionalism. Precisely, in post-colonial constitutions, one witnesses the preoccupation with the idea of constitutionalism. However, at the same time, the extent to which politics informs the working of a Constitution has made it difficult to distinguish between the regular politics and the politics that guides constitutionalism. In this list, populism also threw challenges in the path of constitutional–democratic governance of a polity; however, lately, things have taken a sharp shift. The emergence of legal autocrats espousing strategies to undermine constitutionalism has raised questions over the liberal constitutional project and what sovereignty means. Although Hungary and Poland are often flagged as textbook examples of autocratic legalism, it does not mean that established democracies have insurance from the same. The USA under Donald Trump showcased the vulnerabilities of democracy to the autocratic pull despite having a long history of democracy and a tradition of robust institutions. Given this backdrop, the immediate challenge is to determine how constitutionalism could be rejuvenated whilst safeguarding fundamental rights. In this paper, we examine India’s recent political and legal developments and attempt to read them through autocratic legalism. Given this, the judiciary has the potential to tame this autocratic march, given its constitutional mandate. In this, we propose that the evolving jurisprudence of constitutional morality (CM), despite its patent limitations, would not just address the constitutional malaise but would, as a result, deepen constitutionalism. – Reproduced
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element Constitutional morality, Autocratic, Legalism, Democracy, Constitutionalism, Judiciary.
9 (RLIN) 40969
773 ## - HOST ITEM ENTRY
Main entry heading Indian Journal of Public Administration
906 ## - LOCAL DATA ELEMENT F, LDF (RLIN)
Subject DIP CONSTITUTION
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Item type Articles
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Permanent location Current location Date acquired Serial Enumeration / chronology Barcode Date last seen Koha item type
          Indian Institute of Public Administration Indian Institute of Public Administration 2023-10-11 69(3), Sep, 2023: p.624-637 AR129765 2023-10-11 Articles

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