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Constitutional Objectivity




Nikita Chhabra & Rahul Kashyap, Centre for Legal Studies, GIBS (IP University), Rohini, New Delhi


ABSTRACT


When the constitutional representatives and the elected government take their offices, they take an oath to uphold the constitution and to bear loyalty toward the constitution. By taking an oath not only to uphold the written provisions but they also assure to obey and respect the unwritten principles of the constitution. Thus, they are expected of them that they not only consider and follow the constitution but also the concepts like constitutionalism, constitutional supremacy, constitutional trust, and constitutional objectivity. The principle of constitutional objectivity has been explained in the paper by understanding the relationship between all the said concepts in a constitution. This paper attempts to extract the meaning of constitutional objectivity while explaining how it is to be used by the constitutional functionaries to reach a decision that aligns with provisions of the constitution.


Keywords: Constitutionalism, Constitutional Supremacy, Constitutional Governance, Checks and Balance, Constitutional Trust, Constitutional Objectivity.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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