Pondering Over the Present and Future of Constitutionalism
- NLR Journal
- Jul 20
- 1 min read
By Debasrita Choudhury, Assistant Professor in Law, Indian Institute of Legal Studies, Siliguri.
Abstract
Constitutionalism, at its core, brings together the essence and spirit of law with the letter of the law. The epistemological interpretations have been applied more and more flexibly over the years, especially by the Indian courts. Amartya Sen, theorised the ‘capability approach’ where the efficacy of a state is measured against the concrete capabilities of its people. How far will the Indian state prove efficient in that regard? Have we achieved true transformative constitutionalism? The Indian constitutional machinery, at the nascent stages of attaining and attributing standards of constitutional morality, have been changing further with the onset of technological advancements making the world one global village. Are we ready for a concept like trans-constitutionalism? This is not a research paper; rather, as the title suggests, it is an essay on the ponderings of the author over the concept and changes to constitutionalism.
Keywords- Capability Approach, Constitutional Morality, Transformative Constitutionalism, Trans-Constitutionalism.
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