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covers topics related to constitutional law
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(^) The constant hardship faced by the Courts was to balance the Public Opinion with the rule of law. In recent times we have seen a rather different trend followed by Courts where individual liberty is gaining more importance over the common conscience of the community and reaffirmation of supremacy of the Constitution. Despite this the constant problem still persists, which is of prioritising the interest of society or reforming that society by giving more individualistic interpretation of laws and application of those laws on society (^) HYPOTHESIS (^) The approach of judiciary seems to be going in the right direction, however a required balance is yet to be achieved.
RATIONALE BEHIND NEW INDIVIDUALISTIC APPROACH
(^) SOCIETY AS A CENTRE POINT IN A LEGAL SYSTEM. (^) SENSE OF MORALITY AND IMMORALITY. (^) PEOPLE’S WILL AND SPIRIT (^) T.K. RANGARAJAN V. STATE OF TAMILNADU CASE (^) PUBLIC INTEREST AND PUBLIC MORALITY
COMPARATIVE ANALYSIS WITH APPROACH IN OTHER NATIONS (^) AMERICAN APPROACH Individualism Substantive Due Process (14th^ Amendment) Contractual Freedom Fluton V. Philadelphia Case Change of approach after Dobbs vs Jackson Indian Courts Relying On Us Landmark Cases (^) ENGLISH APPROACH Passive Euthanasia Airedale Nhs Trust V. Bland And Aruna Shaunbag Case Co-relation Social Consciousness Imoportant Too Contracts Subject To Public Interest And Morality
PERSONAL AUTONOMY IN THE POST INDIVIDUALIST WORLD (^) CONTRIBUITION OF SELF DETERMINATION THEORY (^) PERSONAL AUTONOMY VS CUSTOMS (^) CLASH OF CULTURES AND RESPECT TOWARDS AUTONOMY (^) CUSTOMS AFFECTING PSYCHOLOGICAL WELL BEING OF INDIVIDUALS (^) JUDICIAL ACKNOWLEDGMENT OF SDT
(^) Firstly that the newer interpretation of laws is in line with the relevant constitutional principles and does not violate any public interest. (^) Secondly, as far as prioritising between societal interests and individual interests is concerned, the recent trend show that latter shall prevail, however society’s legitimate and necessary interests cannot be ignored, the basic standard of morality is required to be maintained even if it is restraining someone to act in a particular manner. (^) Thirdly and lastly, the comparative study of Constitutionalism has contributed a lot in development of Indian Jurisprudence around the matters requiring striking the balance between Society’s interests and Individual interests.
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