Chapter

Scaling Justice

Shylashri Shankar

in Scaling Justice

Published in print February 2009 | ISBN: 9780195693201
Published online October 2012 | e-ISBN: 9780199081998 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195693201.003.0007
Scaling Justice

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This chapter describes the ramifications of the findings for the choices an Indian Supreme Court justice makes. It also reports the implication of viewing judges as embedded negotiators for theories of judicial activism, the judicialization of politics, and the need for draconian anti-terror laws. The need to regain legitimacy and avoidance of conflict with the political wings were responsible for the Court's attitude towards civil liberties. Judgments on social rights were consistent with, and not opposed to the promises and laws produced by successive governments. There is no intrinsic connection between judicial independence and the expansion of rights.

Keywords: justice; Indian Supreme Court; judges; judicial activism; judicialization; antiterror laws; civil liberties; social rights; preventive detention

Chapter.  11310 words. 

Subjects: Human Rights and Immigration

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