Constitutionalism in India: a conceptual audit
By: Singh, Yogesh Pratap
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Material type: 
BookPublisher: Journal of the Indian Law Institute Description: 65(3), Jul-Sep, 2023: p.251-271.
In:
Journal of the Indian Law InstituteSummary: The telos of any normative constitution in the ontological sense must be appreciated in incorporation and functioning of devices which control the political power. An attempt to institutionalize such a political and social condition was characterised as constitutionalism, the concept of limited government. From a historical perspective, constitutionalism has been the search for the most efficient means of restrictingthe power initially of the governmentbut eventually of all power holders. The essence of constitutionalism was appreciated in more accurate sense with the evolution of the American Constitution. Several functional devices such as representative government, separation of powers, checks and balances, federalism and judicial review were discovered to limit the power of the government. Framers of Indian Constitution while envisaging a framework for liberal democratic order too integrated these institutional devices. These power controlling devices not only limited the powers of three main constituents of State i.e., legislature, executive and judiciary but also provided mutually controlled mechanism in the performance of their assigned functions. This paper critically examines the functioning of these power controlling devices in the current neo political regime of India
http://14.139.60.116:8080/jspui/bitstream/123456789/48204/1/20_Constitutionalism%20in%20India-%20A%20Conceptual%20Audit.pdf
| Item type | Current location | Call number | Vol info | Status | Date due | Barcode |
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Articles
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Indian Institute of Public Administration | 65(3), Jul-Sep, 2023: p.251-271 | Available | AR132712 |
The telos of any normative constitution in the ontological sense must be appreciated in incorporation and functioning of devices which control the political power. An attempt to institutionalize such a political and social condition was characterised as constitutionalism, the concept of limited government. From a historical perspective, constitutionalism has been the search for the most efficient means of restrictingthe power initially of the governmentbut eventually of all power holders. The essence of constitutionalism was appreciated in more accurate sense with the evolution of the American Constitution. Several functional devices such as representative government, separation of powers, checks and balances, federalism and judicial review were discovered to limit the power of the government. Framers of Indian Constitution while envisaging a framework for liberal democratic order too integrated these institutional devices. These power controlling devices not only limited the powers of three main constituents of State i.e., legislature, executive and judiciary but also provided mutually controlled mechanism in the performance of their assigned functions. This paper critically examines the functioning of these power controlling devices in the current neo political regime of India
http://14.139.60.116:8080/jspui/bitstream/123456789/48204/1/20_Constitutionalism%20in%20India-%20A%20Conceptual%20Audit.pdf
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