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Constitutional supremacy

PARLIAMENTARY PRIVILEGES IN INDIA: CONSTITUTIONAL LIMITS, JUDICIAL REVIEW, AND LEGISLATIVE IMMUNITY LIMITS

PARLIAMENTARY PRIVILEGES IN INDIA: CONSTITUTIONAL LIMITS, JUDICIAL REVIEW, AND LEGISLATIVE IMMUNITY LIMITS Mr. Aritra Saha, Student, SOA National Institute of Law-Faculty of Legal Studies, Siksha ‘O’ Anusandhan Deemed to be University, (India) Download Manuscript doi.org/10.70183/lijdlr.2026.v04.22 This paper explores the constitutional parameters of parliamentary privileges in India, their development and limitations focusing especially on Articles 105 and 194 of the Constitution. The origins of these privileges go back to British tradition of parliamentary independence and were designed to protect the independence of legislature and prevent closed debate in Parliament. Nonetheless, as opposed to the British concept of parliamentary sovereignty, Indian privileges take place in an order of constitutional supremacy, judicial review and fundamental rights. Through examining landmark cases like MSM Sharma vs Sri Krishna Sinha, the current study traces the transformation of the judiciary whereby in early days; there was a deference form of judgement, but gradually the judiciary has changed into a model of conditional oversight based on the basic structure doctrine. It critically explains the tensions that exist between parliamentary privileges and fundamental rights under Articles 14, 19 and 21 and there is also the structural ambiguity that occurs in the non-codification of Articles 105(3). This paper presents that even though privileges are essential in the safeguarding of the deliberative democracy and the dignity of the institutions, they are not absolute; they must not be outside the constitutional boundaries, fairness in the procedures, and proportionality. The study therefore comes to the finding that legislative independence must be balanced with the rule of law and governmental accountability through statutory codification and better procedure protection. 

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CONSTITUTIONALISM TOWARD SAFEGUARDING AGAINST ‘ILLIBERAL DEMOCRACY’ IN UGANDA: A CONSTITUTIONAL PERSPECTIVE

CONSTITUTIONALISM TOWARD SAFEGUARDING AGAINST ‘ILLIBERAL DEMOCRACY’ IN UGANDA: A CONSTITUTIONAL PERSPECTIVE Hanifa Tyakagire, PhD in Law Candidate, Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia. Shamrahayu A. Aziz, Assoc. Professor Ahmad Ibrahim Kulliyah of Laws, International Islamic University Malaysia. Download Manuscript ABSTRACT This study aims to discuss constitutionalism as a tool for protecting Uganda from ‘illiberal democracy’. The study examines constitutionalism and its principles on the fate of democracy in Uganda. It offers a valuable constitutional perspective on illiberal democracy while giving insightful viewpoints on how constitutionalism can protect and strengthen democratic systems. Through an evaluation of the strengths and weaknesses of Uganda’s constitution, this paper seeks to contribute information regarding whether constitutionalism can be a viable approach to limiting government authority in instances where states engage in illiberal democratic practices. The study employs a qualitative research design to explore constitutionalism in Uganda and especially its prevention of ‘illiberal democracy.’ This approach involves the content analysis of judicial opinions as the legal doctrinal research is combined with the applied law methods. This will give a clear and thorough understanding of primary sources, for example, the 1995 Uganda constitution and secondary sources, including research literature and documentary reviews. The findings reveal that illiberal democracy is not committed to the idea of ‘‘checks and balance’’ and, in particular, it maintains four fundamental principles: 1) the limits of governmental power; 2) adherence to the law; 3) protection of individual rights; and 4) preservation of democratic principles and approaches to interpreting the Constitution and is often a threat to constitutionalism. Consequently, the study recommends that changes should be called for through the way in which the Constitution is restored back to its 1995 status or that of the original version, as that would potentially reduce the presidential powers and strengthen provisions such as those regarding age and term limits. In addition, these reforms are in place to create a system conscious of Enlightenment ideas within society. By creating independent institutions to oversee government actions, constitutionalism can ensure that democratic principles are safeguarded against illiberal democracy. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 467-486. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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