Role of Judiciary in Upholding Constitutionalism
The Conference with the main theme, Role of Judiciary in Upholding Constitutionalism is taking place on Wednesday, 18th of October 2023 at 2 pm and it is held at Titu Maiorescu University, Room V 302, Building V, Calea Văcărești 187.
The hosts and moderators of the Conference are Associate Prof.Dr. Manuela TĂBĂRAȘ, Dean – Faculty of Law and Prof. Marieta SAFTA.
Meet our international speakers and special guests:
Dr. Sonu AGARWAL
Head & Associate Professor of Law, Faculty of Law, Manipal University Jaipur
Antoni Abat NINET
Maria Zambrano Researcher- Universitat Autònoma of Barcelona and Visiting Prof. Hebrew University of Jerusalem
Assistant Professor, Faculty of Law, Manipal University Jaipur
„Besides, the concept of the Constitution, there’s also the all-important concept of ‘Constitutionalism’. Modern political thought draws a distinction between ‘Constitutionalism’ and ‘Constitution’ a country may have the ‘Constitution’ but not necessarily ‘Constitutionalism’. The underlying difference between the two concepts is that a Constitution ought not merely to confer powers on the numerous organs of the govt., but also seek to restrain those powers. Constitutionalism recognizes the need for state but insists upon limitations being placed upon governmental powers. Constitutionalism envisages checks and balances and putting the powers of the legislature and thus the chief under some restraints and not making them uncontrolled and arbitrary. Unlimited powers jeopardize freedom of the people. As has been well said: power corrupts and absolute power corrupts absolutely. If the Constitution confers unrestrained power on either the legislature or the chief, it’d cause an authoritarian, oppressive government. Therefore, to preserve the essential freedoms of the individual, and to require care of his dignity and personality, the Constitution should be permeated with ‘Constitutionalism’; it should have some In-built restrictions on the powers conferred by it on governmental organs. This paper analyzes role of judiciary in upholding constitutionalism. The study shows vital role played by the Indian judiciary in upholding the rule of law in the country. The Constitution of India helps in over all shaping of political, economic and social development of India. The Constitution asserts ensures the fulfillment of diverse nationwide goals.” International Journal of Law Management and Humanities