This chapter sets out the theoretical framework within which the constitutional practice of the two jurisdictions, India and the UK, will be examined.
At the outset, it is worth clarifying what the chapter does and does not seek to achieve. The chapter develops a theoretical framework, or a skeleton, upon which later chapters add the practice, or the proverbial flesh.
On the other hand, what this chapter does not do is engage in depth with democratic theory or theories of rights, subjects on which many volumes have been written and which deserve considÂeration spanning beyond a few pages.[114]This chapter has three aims: (a) to situate the arguments made in this book in the broader comparative constitutional law scholarship on models of judicial review;[115] (b) to develop a normative theoretical framework within which the models of rights protection in India and the UK are later evaluated; and (c) to introduce the two primary claims made by this book based on the normative framework identified.