Constitutional Morality as a Challenge

  • Devi Prabha A and Dr. B.S. Reddy
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  • Devi Prabha A

    Research Scholar at Alliance University, India

  • Dr. B.S. Reddy

    Professor & Director for PG Studies, School of Law, Alliance University, India

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Laws are fundamental in any country because they serve as a means to attain common good as their ultimate objective. In certain contexts, morality serves as a determining element alongside the rule of law. A country's Constitution establishes the rules by which its citizens are to be governed at the national level. It established the three branches of government, the legislative, executive, and judicial branches, and laid out their respective roles, duties, and connections to the people. In this sense, a country's constitution may be seen of as its fundamental or foundational law, against which all other laws and executive acts of the state must be evaluated. Respecting constitutional standards and refraining from conduct that might undermine the rule of law or invites comparison to arbitrary action is at the heart of the idea of constitutional morality. In reality, it pivots on the fulcrum like a laser beam and directs infrastructure construction. The worth of such morality can only be maintained if custom and tradition grow to support it. If the general populace and the institution's leader stick closely to the constitutional boundaries without blazing any new trails of deviation, and if they demonstrate in their actions a primary concern for upholding the institution's integrity and the necessary constitutional restraints, then democracy has a fighting chance. Constitutional morality is one such important element in achieving an inclusive society. This paper is an intrinsic study of the meaning of constitutional morality as distinguished from public morality and how it has developed through an analysis of judgments.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 422 - 429


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