CEU Electronic Theses and Dissertations, 2023
| Author | Zia, Farhan |
|---|---|
| Title | Comparative Study of Constitutional Morality and its Impact On Religious Freedom In India |
| Summary | This thesis explores the functions of Constitutional Morality, a concept that has gained currency in Indian judicial discourse in the last decade and has most recently been used in a landmark case on freedom of religion and the rights of women. As an abstract and contested concept, its contours and contents remain unclear in academic literature. This thesis addresses the gap in knowledge on when and what impact Constitutional Morality can have on religious freedom. It situates Constitutional Morality in the context of Indian constitutionalism and the theories that have explained the shaping of its contours to show the Constitutional Morality captures a tension between stability and change that is characteristic of Indian constitutionalism. It explores the question that given CM’s ambiguity, what functions might it be performing. To this effect, it creates a general framework applicable to all three jurisdictions to compare which functions might be performed. A comparison to invocation of similar grand theories in the United States and South Africa points towards the fact these theories are resorted to in judicial reasoning when faced with fundamental tensions. By comparing the functions performed in each jurisdiction, it draws useful lessons for application in India in religious freedom jurisprudence. |
| Supervisor | Uitz, Renáta |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2023/zia_farhan.pdf |
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