The tradition of analytical jurisprudence, from John Austin and Hans Kelsen onwards, highlights, in all its complexity, the basic notion that constitutions constitute a ‘higher law’ governing all forms of authoritative legal enunciations and performances. In a sense, a constitution is an ‘attempt by the society to limit itself to protect the values it most cherishes’. In fact, it is an attempt by the society ‘to tie its own hand, to limit its ability to fall prey to weaknesses that might harm or undermine cherished values’. In India, we the people, adopted and gave to ourselves a constitution which recognises certain basic fundamental rights of the individuals under Part III. The underlying idea in entrenching certain basic and Fundamental Rights is to take them out of the reach of transient political majorities.
Pathak, Rabindra Kr
"Untangling the Constitutional Labyrinth,"
Bond Law Review:
1, Article 3.
Available at: http://epublications.bond.edu.au/blr/vol22/iss1/3