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Transformative Constitutionalism as on Constitutional Vision
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Pasupathi G.K.
Assistant Professor at School of Law, Department of legal Studies, VELS University, India
Abstract
Constitution subject to amendment under Article 368 of The Constitution of India, 1950. The basic foundation of constitution determines the constitutionalism. The amendment subjects to transfer the constitution based upon the transferring constitutionalism. But, Other than parliament the Judiciary with the absolute power under the Constitution enabled to struck down any part of law which is unconstitutional, based on the cases adjudicated by it. The Subjective matters of adjudication conferred with the personal law that decision which further applies to the whole territory of the nation as a binding nature as conferred under Article 141 of the Constitution of India, 1950. The Judicial activism enhance to act as the societal changes conferred as amounts to the Transformative Constitutionalism used the Judiciary as a tool to shift the legal enactment, this further elucidated by adjudications.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 2288 - 2297
DOI: https://doij.org/10.10000/IJLMH.116042Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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