Tarunabh Khaitan
Biographic Data
| ID | 2407094 |
|---|---|
| NAME | Tarunabh Khaitan |
| GIVEN NAMES | Tarunabh |
| FAMILY NAME | Khaitan |
| SIGNATURE | KHAITAN T |
| AFFILIATIONS | University of Oxford |
| ORCID | 0000-0003-3661-4832 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 21 |
| WORKS AS AUTHOR | 12 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2007 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 2 |
Rewriting State of West Bengal v. Anwar Ali Sarkar
VRÜ Verfassung und Recht in Übersee , Seite 17 - 32
Theorizing Areas of Law
This paper provides a taxonomy of the different kinds of theory that may be offered of an area of law. We distinguish two basic types of philosophical accounts in special jurisprudence: nonnormative accounts and normative accounts. Section II explains the two central subspecies of nonnormative accounts of areas of law: (i) conceptual and ontological theories and (ii) reason-tracking causal theories. Section III explores normative theories of area…
Areas of Law
This article addresses three fundamental questions about a key phenomenon in special jurisprudence, ‘areas of law’: (i) what is an area of law; (ii) what are the consequences of dividing law into distinct areas; and (iii) what constitutes the foundations of an area of law. It claims that (i) ‘an area of law’ is a set of legal norms that are intersubjectively recognised by the legal complex as a subset of legal norms in a given jurisdiction; (ii) …
Constitutional Resilience Beyond Courts
South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters d…
Guarantor Institutions
The last few decades have seen a proliferation of constitutional institutions, especially in the Global South, that do not neatly fit within any of three traditional branches of the state. These supposedly ‘fourth branch’ institutions may include electoral commissions, human rights commissions, central banks, probity bodies such as anti-corruption watchdogs, knowledge institutions such as statistics bureaus and census boards, information commissi…
Killing a Constitution with a Thousand Cuts
Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if t…
Political insurance for the (relative) poor
Fair value of equal political liberties is a key precondition for the legitimacy of a regime in liberal thought. This liberal guarantee is breached whenever a group is permanently or semi-permanently locked out of power. Given the convertibility, subtlety, and resilience of power, gross material inequality – produced by neoliberal economic policies – effectively locks the relative poor out of political power. Such lockout breaches the legitimacy …
Constitutional Directives
About 37 state constitutions around the world feature non‐justiciable thick moral commitments (‘constitutional directives’). These directives typically oblige the state to redistribute income and wealth, guarantee social minimums, or forge a religious or secular identity for the state. They have largely been ignored in a constitutional scholarship defined by its obsession with the legitimacy of judicial review and hostility to constitutionalising…
Indirect Discrimination
Equality
This chapter examines the grounds of legislative review under the general constitutional guarantee of the right to equality as embodied in Article 14 of the Indian Constitution. It first provides an overview of the traditional narrative on the transformation of Article 14, before turning to a discussion of two doctrines that have evolved to test the constitutionality of a measure when faced with an Article 14 challenge: the ‘classification test’ …
A Theory of Discrimination Law
This volume provides a general theory of discrimination law as practised in liberal democratic jurisdictions. Rejecting accounts that place the value of equality at the heart of the law, it argues that discrimination law protects individual autonomy. Applying the theory, the book tackles the central legal problems in applying discrimination laws.
K oushal v N az
In K oushal v N az the I ndian S upreme C ourt overturned a H igh C ourt judgment which had declared unconstitutional section 377 of the I ndian P enal C ode criminalising ‘carnal intercourse against the order of nature’. In doing so, it has rebranded gay and transgendered I ndians as criminals. This case note explores some of the structural problems that led to this judgment. The first problem is the transformation of the I ndian S upreme C ourt…
Should Britain Have a Written Constitution
The question ‐ ought Britain to have a written, more properly, a codified constitution ‐ is perhaps wrongly put. The real question ought to be ‐ why should Britain not have such a constitution... She is, after all, one of just three democracies without one. There are two reasons why Britain has lacked a constitution. The first is that, historically, Britain never had a constitutional moment; the second is the doctrine of parliamentary sovereignty…
Killing a Constitution with a Thousand Cuts
Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if t…
Political insurance for the (relative) poor
Fair value of equal political liberties is a key precondition for the legitimacy of a regime in liberal thought. This liberal guarantee is breached whenever a group is permanently or semi-permanently locked out of power. Given the convertibility, subtlety, and resilience of power, gross material inequality – produced by neoliberal economic policies – effectively locks the relative poor out of political power. Such lockout breaches the legitimacy …
Should Britain Have a Written Constitution
The question ‐ ought Britain to have a written, more properly, a codified constitution ‐ is perhaps wrongly put. The real question ought to be ‐ why should Britain not have such a constitution... She is, after all, one of just three democracies without one. There are two reasons why Britain has lacked a constitution. The first is that, historically, Britain never had a constitutional moment; the second is the doctrine of parliamentary sovereignty…
Constitutional Directives
About 37 state constitutions around the world feature non‐justiciable thick moral commitments (‘constitutional directives’). These directives typically oblige the state to redistribute income and wealth, guarantee social minimums, or forge a religious or secular identity for the state. They have largely been ignored in a constitutional scholarship defined by its obsession with the legitimacy of judicial review and hostility to constitutionalising…
Should Britain Have a Written Constitution
The question ‐ ought Britain to have a written, more properly, a codified constitution ‐ is perhaps wrongly put. The real question ought to be ‐ why should Britain not have such a constitution... She is, after all, one of just three democracies without one. There are two reasons why Britain has lacked a constitution. The first is that, historically, Britain never had a constitutional moment; the second is the doctrine of parliamentary sovereignty…
A Theory of Discrimination Law
This volume provides a general theory of discrimination law as practised in liberal democratic jurisdictions. Rejecting accounts that place the value of equality at the heart of the law, it argues that discrimination law protects individual autonomy. Applying the theory, the book tackles the central legal problems in applying discrimination laws.
K oushal v N az
In K oushal v N az the I ndian S upreme C ourt overturned a H igh C ourt judgment which had declared unconstitutional section 377 of the I ndian P enal C ode criminalising ‘carnal intercourse against the order of nature’. In doing so, it has rebranded gay and transgendered I ndians as criminals. This case note explores some of the structural problems that led to this judgment. The first problem is the transformation of the I ndian S upreme C ourt…
Equality
This chapter examines the grounds of legislative review under the general constitutional guarantee of the right to equality as embodied in Article 14 of the Indian Constitution. It first provides an overview of the traditional narrative on the transformation of Article 14, before turning to a discussion of two doctrines that have evolved to test the constitutionality of a measure when faced with an Article 14 challenge: the ‘classification test’ …
Indirect Discrimination
Political insurance for the (relative) poor
Fair value of equal political liberties is a key precondition for the legitimacy of a regime in liberal thought. This liberal guarantee is breached whenever a group is permanently or semi-permanently locked out of power. Given the convertibility, subtlety, and resilience of power, gross material inequality – produced by neoliberal economic policies – effectively locks the relative poor out of political power. Such lockout breaches the legitimacy …
Constitutional Directives
About 37 state constitutions around the world feature non‐justiciable thick moral commitments (‘constitutional directives’). These directives typically oblige the state to redistribute income and wealth, guarantee social minimums, or forge a religious or secular identity for the state. They have largely been ignored in a constitutional scholarship defined by its obsession with the legitimacy of judicial review and hostility to constitutionalising…
Killing a Constitution with a Thousand Cuts
Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if t…
Guarantor Institutions
The last few decades have seen a proliferation of constitutional institutions, especially in the Global South, that do not neatly fit within any of three traditional branches of the state. These supposedly ‘fourth branch’ institutions may include electoral commissions, human rights commissions, central banks, probity bodies such as anti-corruption watchdogs, knowledge institutions such as statistics bureaus and census boards, information commissi…
Theorizing Areas of Law
This paper provides a taxonomy of the different kinds of theory that may be offered of an area of law. We distinguish two basic types of philosophical accounts in special jurisprudence: nonnormative accounts and normative accounts. Section II explains the two central subspecies of nonnormative accounts of areas of law: (i) conceptual and ontological theories and (ii) reason-tracking causal theories. Section III explores normative theories of area…
Areas of Law
This article addresses three fundamental questions about a key phenomenon in special jurisprudence, ‘areas of law’: (i) what is an area of law; (ii) what are the consequences of dividing law into distinct areas; and (iii) what constitutes the foundations of an area of law. It claims that (i) ‘an area of law’ is a set of legal norms that are intersubjectively recognised by the legal complex as a subset of legal norms in a given jurisdiction; (ii) …
Constitutional Resilience Beyond Courts
South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters d…
Rewriting State of West Bengal v. Anwar Ali Sarkar
VRÜ Verfassung und Recht in Übersee , Seite 17 - 32
Law (12 works) · Political science (12 works) · Sociology (11 works) · Law and economics (6 works) · Politics (6 works) · Judicial and Constitutional Studies (5 works) · Philosophy (5 works) · Democracy (4 works) · Law (4 works) · Constitution (3 works)