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- Title
The Origins of Due Process in India: The Role of Borrowing in Personal Liberty and Preventive Detention Cases.
- Authors
Mate, Manoj
- Abstract
The article deals with the creation of due process jurisprudence in India. It recalls that the Indian Constitution was formed during a period of political chaos, fragmentation and disorder in which the doctrines of due process were formed despite the deliberate removal of a due process clause from Article 21. Several cases that relate to the processes of transnational borrowing of legal norms are also discussed, one of which is Gopalan v. State of Madras where the plaintiff was detained and had his fundamental rights violated.
- Subjects
INDIA; DUE process of law; JURISPRUDENCE; CONSTITUTIONS; DETENTION of persons; CIVIL rights
- Publication
Berkeley Journal of International Law, 2010, Vol 28, Issue 1, p216
- ISSN
1085-5718
- Publication type
Article