Constitutional Adjudication: Beyond Reductionist Reading of Democracy
By Raunaq Jaiswal and Max Steuer. In February 2024, the Supreme Court of India unanimously struck down the Electoral Bonds Scheme—a mechanism through which corporations could make anonymous donations to political parties—holding that anonymous donations to political parties violated the right to information. This ruling represents a significant development in constitutional adjudication, as, on the one hand, it represents a limitation of what a court can accomplish within existing frameworks of democracy, and on the other, it illustrates the risks of not developing a thicker conception of democracy and the remedies for breaching it.
How can courts defend democracy beyond elections? Raunaq Jaiswal and Max Steuer explore why constitutional courts struggle to move beyond a narrow, electoral view of democracy:
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