Saurabh Kirpal on the Constitutional Case for Marriage Equality in India
Ideas of India
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The Disadvantages of the Courts
The courts have been largely about expanding the basket of positive rights and entitlements. They haven't been so vigilant about guarding negative rights is that's another trend I see, he says. Negative rights are almost not important because we're not really about taming the state or being an anti-majoritarian court,. That's simply not us culturally. There's a big problem in imagining all rights as positivistic or positive but who is the arbiter?
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