Author's Keywords: Public Law, India, Indian Supreme Court, Comparative Law, Rights, Fundamental Rights, Substantive Due Process	Convention Convention is an application service for managing large or small academic conferences, annual meetings, and other types of events! Submission - Custom fields, multiple submission types, tracks, audio visual, multiple upload formats, automatic conversion to pdf. Review - Peer Review, Bulk reviewer assignment, bulk emails, ranking, z-score statistics, and multiple worksheets! Reports - Many standard and custom reports generated while you wait. Print programs with participant indexes, event grids, and more! Scheduling - Flexible and convenient grid scheduling within rooms and buildings. Conflict checking and advanced filtering. Communication - Bulk email tools to help your administrators send reminders and responses. Use form letters, a message center, and much more! Management - Search tools, duplicate people management, editing tools, submission transfers, many tools to manage a variety of conference management headaches! Click here for more information.
Association: Name: The Midwest Political Science Association URL: http://www.indiana.edu/~mpsa/
Citation: URL: http://www.allacademic.com/meta/p139589_index.html Direct Link: HTML Code:

Mate, Manoj. "The Origins of Substantive Due Process in India: The Role of Borrowing in Personal Liberty and Preventive Detention Cases" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 20, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p139589_index.html>

Mate, M. , 2006-04-20 "The Origins of Substantive Due Process in India: The Role of Borrowing in Personal Liberty and Preventive Detention Cases" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois Online <PDF>. 2009-05-25 from http://www.allacademic.com/meta/p139589_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: This paper seeks to explore the origins of the anomalous development of substantive due process in the Indian Supreme Court in the area of personal liberty and preventive detention cases, given that the framers of the Indian Constitution deliberately chose to omit a due process clause to preclude substantive due process jurisrpudence. It proceeds to examine the important role of judicial "borrowing" in this process, in which justices relied on foreign precedent and legal scholarship, as well as international legal norms, to help overcome constitutional constraints. The paper analyzes personal liberty and preventive detention cases in order to gain a better understanding of the processes by which judges employ borrowing to advance "universalist" (versus particularist) legal norms, and then seeks to generalize from the Indian case by proposing a theoretical approach for understanding how judicial borrowing can be understood as a dynamic process that changes over time in new developing constitutional systems.

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