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VOL. 5, ISSUE 1 (2023)
An analysis of transformative constitutionalism in India and the role played by the judiciary in shaping the constitution
Authors
Dharmesh
Abstract
Transformational constitutionalism has existed as a political doctrine
for a considerable period of time. The South African Constitution is a prime
resource for investigating the roots of these ideas. The concept at the core of
this transformative constitutionalism vision is that it is exceedingly
challenging, if not unattainable, to ascribe to or connect to the Constitution
of any specific nation. This is due to the intrinsic universality of the
concept. It strives to optimise constitutional safeguards and methods to
establish a more progressive society. This initiative aims to equalize
opportunities in society and foster a spirit of inclusivity for all
individuals. The academic community recognizes that pursuing "substantive
equality" is a crucial strategy for at least partially achieving this
goal. Implementing affirmative action programmes and ensuring the
implementation of socioeconomic rights, especially those that protect the
interests of marginalised communities, would be crucial in attaining this objective.
This article's main goal is to help readers comprehend the idea of
transformative constitutionalism's historical development. This article also
seeks to educate readers about transformative constitutionalism and its
possible functions, should it be completely realized, within the Indian
constitutional framework.
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Pages:129-134
How to cite this article:
Dharmesh "An analysis of transformative constitutionalism in India and the role played by the judiciary in shaping the constitution". International Journal of Law, Policy and Social Review, Vol 5, Issue 1, 2023, Pages 129-134
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