Globalisation, Judges and New Trends of Constitutional Interpretation

  • Shivam Kumar and Kumar Satyam
  • Show Author Details
  • Shivam Kumar

    Student at Central University of South Bihar, India

  • Kumar Satyam

    Student at Central University of South Bihar, India

  • img Download Full Paper


Law and society both are dynamic in nature, both shares an inherent characteristic to change with respect of time. Law and society do not exist independently, in fact law operates for and in the society; and it is influenced by the mores and attitudes of the society. Emerging perspectives in constitutional interpretation may include a focus on protecting individual rights, the role of international law and human rights standards, or a more holistic and contextual approach to interpreting constitutional provisions. Today, we are here from textualist approach to broad and liberal interpretation, from A.K. Gopalan case (1950) to Maneka Gandhi case (1973) to K.S. Puttaswamy case (2017). The last six to seven decades have seen a tremendous proliferation in the constitutional interpretation. As per Roscoe Pound’s observation, legal science should use comparative method as the “richest source of discovery in every empirical science.” The constitutional courts in India have used various means to figure out various issues into the Indian constitutional jurisprudence and developed the same in manifolds. Such means of constitutional interpretations are foreign laws, foreign judgements, international laws and etc. Apart from abovementioned means, globalisation opens new doors in pandora’s box of constitutional interpretations. Globalization has had a significant impact on the interpretation of the Indian Constitution. This article is going to sketches a typology of approaches to constitutional interpretation in the parlance of globalisation and its effects on the interpretation of constitution by the constitutional courts and also figure out new developments in constitutional interpretations.




International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 2256 - 2263


Creative 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) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021