Sur - Revista Internacional de Direitos Humanos
Print version ISSN 1806-6445
BAXI, Upendra. Sur [online]. 2007, vol.3Selected edition, pp. 0-0. ISSN 1806-6445.
The author underscores that the patrimonial liberal Rule of Law (ROL) discourse usually disregards alternative traditions. First, it does not permit any reflection on the normative socialist ROL conceptions. Second, it disregards the very existence of other ROL traditions: for example, the pre-colonial, those shaped by the revolt against the Old Empire, or the non-mimetic contributions by the proud judiciaries in some "developing societies". In this context, the author analyses the distinctiveness of the Indian ROL and argues that it offers revisions of the liberal conceptions of rights. The author adds that the Indian ROL stands normatively not just as a sword against State domination, but also as a shield, empowering a "progressive" state intervention in civil society. Finally, the author introduces some current trends in the constitutional jurisprudence and highlights the leadership of the Supreme Court in the development of an extraordinary form of jurisdiction under the rubric of social action litigation.
Keywords : Rule of Law; Federalism; Thin notion of Rule of Law; Thick notion of Rule of Law; Judicial review.