Gatekeeper Constitutionalism: Exploring the Role of the Indian Judiciary in Environmental Constitutionalism and International Law Integration
摘要
This chapter offers a critical analysis of the Gatekeeper model within Indian constitutionalism. It focuses on the undiscerning manner in which the Indian Supreme Court integrates international law into domestic jurisprudence. While the model facilitates innovative legal exchanges and aligns with the Indian Constitution's global orientation, the focus of this analysis is on the challenges and risks associated with this integration. The Supreme Court's role as a “Gatekeeper” – balancing domestic constitutional needs with international legal principles, especially in environmental jurisprudence – is scrutinised. As a result of inconsistently adopting international norms, the judiciary may find itself taking on roles beyond its constitutional limits, leading to erratic legal shifts and ambiguities. The core argument of the chapter advocates for a more judicious and deliberate approach in exercising this gatekeeping function. By doing so, it aims to enhance the understanding of constitutional law's adaptability in the global legal landscape, while cautioning against the unchecked assimilation of international norms that might undermine constitutional integrity.