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Balanced ConstitutionalismCourts and Legislatures in India and the United Kingdom$
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Chintan Chandrachud

Print publication date: 2017

Print ISBN-13: 9780199470587

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780199470587.001.0001

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Collateral Institutions to Judicial Review

Collateral Institutions to Judicial Review

Chapter:
(p.189) 5 Collateral Institutions to Judicial Review
Source:
Balanced Constitutionalism
Author(s):

Chintan Chandrachud

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199470587.003.0005

This chapter considers the institutional apparatus accompanying the declarations of incompatibility in the UK on the one hand, and informal recommendations to change the law in India on the other. Although the declaration of incompatibility may look like a freestanding advisory remedy at first glance, it is given significant institutional purchase by the Joint Committee on Human Rights (JCHR) and the European Court of Human Rights. The JCHR presses the government to engage with declarations of incompatibility, ensuring that silence is not realistic option. The European Court usually compels the Westminster Parliament to change the law following a declaration of incompatibility. The work of these institutions is compared with India’s National Human Rights Commission, which finds it difficult to influence legislative activity on both of these counts.

Keywords:   Joint Committee on Human Rights, European Court of Human Rights, declaration of incompatibility, National Human Rights Commission, Westminster Parliament, Indian Parliament

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