“The core tenet of transformative constitutionalism is that the goal of having a constitution is to transform society for the better.” Examine using recent case law as a guide. (Answer in 250 words)
In India, the Constitution is the “supreme law of the land” and there is nothing beyond it . It places effective restrictions on the authority of the state in the interest of the individual’s liberty. With the absence of the constitution, constitutional disputes between different branches of the govRead more
In India, the Constitution is the “supreme law of the land” and there is nothing beyond it . It places effective restrictions on the authority of the state in the interest of the individual’s liberty.
With the absence of the constitution, constitutional disputes between different branches of the government cannot be resolve. Thus, effective decision making and the continuity of political struggle can only ensured with its presence.
It reflects the expresses the ideals and aspirations of the people . These provisions are reflected in the preamble , oaths and mottos, and other symbols that are defined in our Constitution.
Therefore, a democratic nation like India needs a Constitution for the doctrine of limited government and to safeguard the rule of law .
On the occasion of Constitution Day 2019, we delve into the concept of Transformative Constitutionalism. Transformative Constitutionalism refers to the idea that a constitution is a tool for the profound transformation of a society, promoting values such as social justice, equality, and human rightsRead more
On the occasion of Constitution Day 2019, we delve into the concept of Transformative Constitutionalism.
Transformative Constitutionalism refers to the idea that a constitution is a tool for the profound transformation of a society, promoting values such as social justice, equality, and human rights.It actively work to rectify historical injustices and promote societal progress.
There are many recent case laws across various jurisdictions illustrate how courts are using constitutional principles :
NAVTEJ SINGH JOHAR CASE: It aided to end to decades of criminalisation of homosexuality.
In this landmark case, the Supreme Court of India decriminalized consensual homosexual acts by striking down Section 377 of the Indian Penal Code, which was a colonial-era law criminalizing
“carnal intercourse against the order of nature.” The court recognized the transformative nature of the Indian Constitution, emphasizing dignity, autonomy, and the need to protect marginalized communities from discrimination.
This decision was a significant step towards LGBTQ+ rights in India, transforming societal norms and promoting inclusivity.
Hence, using the constitution as a tool to address historical injustices, protect human rights, and promote societal progress, Courts play a crucial role in interpreting constitutional principles to achieve these transformative goals, ensuring that the constitution is not merely a static document but a dynamic instrument for positive societal change.
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