The Origins of Due Process in India: The Role of Borrowing in Personal Liberty and Preventive Detention Cases

@article{Mate2010TheOO,
  title={The Origins of Due Process in India: The Role of Borrowing in Personal Liberty and Preventive Detention Cases},
  author={Manoj Mate},
  journal={Berkeley Journal of International Law},
  year={2010},
  volume={28},
  pages={216}
}
  • M. Mate
  • Published 1 May 2010
  • Law
  • Berkeley Journal of International Law
This paper explores the origins of the anomalous development of substantive due process in the Indian Supreme Court in the area of personal liberty and preventive detention cases, given that the framers of the Indian Constitution deliberately chose to omit a due process clause to preclude substantive due process jurisrpudence. It proceeds to examine the important role of judicial "borrowing" in this process, in which justices relied on foreign precedent and legal scholarship, as well as… 
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