Through an analysis of some of our important constitutional cases, past and present, I seek to engage with the set of diverse political and philosophical values that underlies the text of the Constitution, and has informed its interpretation over the years. These values may be articulate or inarticulate premises of judicial decisions; they may harmonise both horizontally (across constitutional provisions) and vertically (at different levels of abstraction within the same provision), or they may be in irreconcilable conflict. The idea is to arrive at a tentative understanding of the kinds of values that judges invoke in important constitutional cases, and the manner in which they do so – and then to critically question them at both levels. The primary – but by no means exclusive – focus of this blog is upon Part III, or the Bill of Rights.
Biography: I graduated from law school in 2011. As far as possible, I try to write open access. Consequently, legal scholarship/writing that isn’t on this blog may be found on my SSRN Author page or Academia.edu Page (to the extent that the vagaries of copyright law permit).
Please feel free to write to me at firstname.lastname@example.org. I will be happy to provide soft copies of articles or other sources that are referred to in this blog, via email, in case you don’t have access to the databases on which they are stored.
- Gautam Bhatia