Il “governo” della Magistratura e l’indipendenza del potere giudiziario in India
Administration of the Judiciary and Judicial independence in India
The paper analyses the independence of the Judiciary in India according with the development of the basic structure doctrine. The latter offers a key to interpreting the decisions taken by Supreme Court with regard to the appointments of Indian highest judiciary and the control over subordinate courts recognised to High Courts by article 235 of the Constitution. On this ground, one can appreciate both the fidelity to common law tradition and the tension towards a new constitutional identity that characterise Indian legal system.
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.