'CONSTITUTIONALISM' as a research theme examines:
Aonly constitutions (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory)
BLIMITED GOVERNMENT under law; SEPARATION OF POWERS; CHECKS AND BALANCES; RIGHTS PROTECTION; JUDICIAL REVIEW; INDEPENDENT INSTITUTIONS — both descriptive (how systems work) and normative (how they should work)
Conly courts (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory)
Donly laws (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory) (cf. Constitutionalism theory)
Answer & Solution
Correct answer: B. LIMITED GOVERNMENT under law; SEPARATION OF POWERS; CHECKS AND BALANCES; RIGHTS PROTECTION; JUDICIAL REVIEW; INDEPENDENT INSTITUTIONS — both descriptive (how systems work) and normative (how they should work)
1. CONSTITUTIONALISM is the doctrine and practice of LIMITED GOVERNMENT under law.
2. CORE ELEMENTS:
3. (i) LIMITED GOVERNMENT — government acts only within powers conferred by constitution;
4. (ii) SEPARATION OF POWERS — legislature, executive, judiciary;
5. (iii) CHECKS AND BALANCES — between branches;
6. (iv) BILL OF RIGHTS — fundamental rights protected;
7. (v) JUDICIAL REVIEW — courts enforce constitutional limits;
8. (vi) INDEPENDENT INSTITUTIONS — Election Commission, CAG, CVC;
9. (vii) RULE OF LAW — equality before law, due process.
10. INDIAN CONSTITUTIONALISM features:
11. (i) Federalism with strong Centre;
12. (ii) Parliamentary system;
13. (iii) Basic structure doctrine (Kesavananda);
14. (iv) Strong judicial review;
15. (v) DPSP-FR balance.
16. THEORISTS: Dicey (Rule of Law); Madison (separation of powers); modern: Bruce Ackerman, Ronald Dworkin, Mark Tushnet.
17. INDIAN: B.R. Ambedkar (Constituent Assembly Debates); Granville Austin ('The Indian Constitution: Cornerstone of a Nation' 1966); Upendra Baxi.
18. Hence option B is correct.
_Source: Legal Research Methodology + Jurisprudence — Constitutionalism theory_
Related questions
ETHICS in legal research with HUMAN SUBJECTS require:'LIBERAL FEMINISM' in legal theory (Susan Moller Okin, Martha Nussbaum) advocates:RICHARD POSNER's 'PRAGMATIC JURISPRUDENCE' rejects:'ACCESS TO JUSTICE' as a research theme examines:'NATURAL LAW' versus 'POSITIVE LAW' debate centers on:'SOCIO-LEGAL STUDIES' in India is associated with:'LEX MERCATORIA' (medieval merchant law) and modern transnational commercial law:'EVIDENCE-BASED LAW REFORM' approach to law-making advocates: