Title: A Critical Analysis of the Proximity of Natural Law to the Indian Constitution
Abstract: The term “Natural law” refers to principles about ultimate right and wrong that go beyond particular notions and cultures, which arises from the nature of human beings itself, or it may simply express the necessities for anything identifiable as a society. The usefulness of natural law is indeed indispensable for constitutional adjudication. Through this paper, the authors have discussed the relation between natural law and the Constitution. The authors have also asserted the necessity of “natural law” as a tool to provide meaning to various constitutional principles, as some of these clauses can be established, in their meaning, only by attaching them to the properties of a moral argument. The authors also emphasize that moral reasoning not only illuminates the proper reach of existing constitutional principles but may properly be employed to create new constitutional principles, which would then become just as binding on the polity as the written law of the Constitution.
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: dataset
Indexed In: ['datacite']
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