Criminal Wrongs and Constitutional Rights: A View from India
(2013) 25 SAcLJ 714
This essay offers an overview of how ideas of constitutionalism, rule of law and fundamental rights contributed to the development of criminal law in India. Various courts, and the Supreme Court in particular, have summoned these broad constitutional concepts to understand, interpret and develop criminal law doctrines. But they are also drawing on these concepts to increasingly address “structural” issues of the criminal justice system – the very apparatus responsible for implementing the doctrines.