Rule of Law in India: A Quest for Reason
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Author Description
This text seeks to understand the dichotomy between the theory and practice of rule of law in India. The author argues that India's rule of law is unique in the post-colonial world encompassing many a substantive concept within it, contrary to the assertions of the liberals and thin theories. The practical challenges to the concepts of equality and certainty, both fundamental to rule of law, are explained in detail.
Menrva's Summary
THE THESIS
This book investigates the persistent dichotomy between the theoretical framework of the rule of law and its practical application within the Indian legal system. Harish Byrasandra Narasappa, a legal practitioner, utilizes his professional background to analyze how India’s post-colonial legal structure incorporates substantive concepts that challenge traditional liberal interpretations. The author argues that India possesses a unique legal identity that defies simplistic 'thin' theories of governance.
THE SCOPE MAP
What You Will Find
- Analysis of the tension between constitutional theory and judicial practice in India.
- Examination of the core principles of equality and legal certainty.
- Critique of Western liberal legal frameworks applied to the Indian context.
- Discussion of post-colonial legal evolution and institutional challenges.
THE AUTHORITY PERSPECTIVE
Legal scholars and practitioners frequently cite this work for its nuanced critique of Indian jurisprudence. Experts highlight the text as a significant contribution to understanding the practical limitations and unique substantive character of the Indian legal system.
Page Count:
0
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
0199093717
ISBN-13:
9780199093717
History
Law
Government
India
