Judicial activism and human rights in India: a critical appraisal

被引:2
|
作者
Chowdhury, Payel Rai [1 ,2 ,3 ]
机构
[1] Mahidol Univ, Ctr Human Rights & Social Dev, Salaya, Nakhon Pathom, Thailand
[2] Univ Calcutta, Kolkata, India
[3] West Bengal Natl Univ Jurid Sci, Kolkata, India
来源
INTERNATIONAL JOURNAL OF HUMAN RIGHTS | 2011年 / 15卷 / 07期
关键词
judicial activism; human rights; India; constitution;
D O I
10.1080/13642987.2010.482912
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The responsibilities that a court carries in a country with a written constitution are very onerous - much more onerous than the responsibilities of a court without a written constitution. Because here, they do not just interpret the laws but also the provisions of the constitution, and, are thus entrusted with giving meaning to the cold letter of the constitution. The courts thus act as the supreme interpreter, protector and guardian of the supremacy of the constitution by keeping all authorities - legislative, executive, administrative, judicial or quasi-judicial - within legal bounds. The judiciary has the responsibility to scrutinise all governmental actions and it goes without saying that in a constitution having provisions guaranteeing fundamental rights of the people, the judiciary has the power as well as the obligation to protect the people's rights from any undue and unjustified encroachment.
引用
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页码:1055 / 1071
页数:17
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