A Comparative Study of the Indian Constitution - Vol. 1

By Sirdar D. K. Sen | Go to book overview

CHAPTER X
JUDICIAL POWER UNDER THE INDIAN CONSTITUTION

The Problem of Interpreting Authority. One of the basic features of every modern constitution is the distribution of the sovereign power of the State among its three organs: the executive, the legislative and the judicial. It is manifest that such a system of separation creates the necessity of instituting an authority invested with power to compel the various organs of the State to remain within the limits imposed by the constitution. In States with unwritten constitutions such as the United Kingdom, the legislature is the supreme authority and cannot, therefore, acknowledge any limitation on its power; both legislative and constituent powers are exercised by it. On the other hand, the executive is subject to the control of the judiciary in so far as any executive act or regulation offends against the laws of Parliament or the common law. The same problem arises in States endowed with written constitutions of a unitary character. For instance, under the Italian Constitution of 1848, as Orlando points out, there was no distinction between legislative and constituent powers, and accordingly there were no differences between constitutional and ordinary laws. Consequently, the legislature had the power to enact laws in contravention of the written constitution. Such is still the case under the Constitution of Belgium. An eminent Belgian jurist1 has thus explained the position: "The legislative power enacts laws, the judicial power applies them and the executive power provides for their execution. Each of them must remain within the circle marked by the fundmental pact. The courts charged with the application of laws have not been instituted for judging and reforming them, but to ensure the observance of their prescriptions. The law, whether good or bad, is always the law. In all these cases, it is clear,

____________________
1
Thonissen, La Constitution Belge, 2nd. ed., p. 333.

-261-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
A Comparative Study of the Indian Constitution - Vol. 1
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 384

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.