Presents a complete research paper to investigate neo-convergence in the Indian Constitution in the areas of constitutional amendments and human rights.
Written in 2009; 11,320 words; 23 sources; MLA; $ 222.95
Paper Summary:
This paper hypothesizes that the current attempts of making structural changes in legal systems, especially constitutions, are a result of economic globalization and is different from the earlier existing forms of influences on constitution-making. The writer explains that the selected methodologies of case study and qualitative analysis present two dimensions viz. experience of nations in responding to convergence attempts and executive and judicial responses to human rights. To make Indian society functional in the future, the paper concludes, it is imperative that its present constitution be revised or altogether rewritten.
Table of Contents:
Introduction
Unconstitutional Constitutional Amendments: Definition and Theory
Unconstitutional Constitutional Amendments: A Definition
Unconstitutional Constitutional Amendments and Liberal Democracy
India's Basic Structure.
Problem Statement and Hypothesis
Hypothesis
Objectives and Methodology
Objectives
Methodology
Convergence and Neo-Convergence Explained
The Concept, Politics and Future of Constitutional Amendment in India
Why Focus on the Constitutional Amendment
Amendment Politics, Constitutional Change and the Social Revolution
Reforming the Constitution: Towards Liberalization or Human Rights?
Recent Developments in the Constitutional Amendment and Indian Judiciary
Conclusion
From the Paper:
"The political economy of "socialism" has triggered important constitutional amendments to achieve the desired goals of the social revolution: The 1st Amendment created the 9th schedule, the 7th Amendment introduced new land laws, expropriations following the 17th Amendment were struck down by the Golak Nath decision, correspondingly the 24th, 25th and 27th amendment diluted Golak Nath while the 42nd amendment overrode Kesavananda. Liberalization policies, so far, have neither translated into mass politics nor into a constitutional reform debate."
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