Tarun Khaitan

The Indian Supreme Court’s Identity Crisis: A Constitutional Court or a Court of Appeals?

Tarunabh Khaitan

Journal article  |  2020  |  Indian Law Review

This article presents an empirical analysis of the Supreme Court’s discretionary appellate jurisdiction (triggered by a “special l..

Religion in Human Rights Law: A Normative Restatement

Tarunabh Khaitan, Jane Calderwood Norton

Journal article  |  2020  |  International Journal of Constitutional Law

In a companion article published in the preceding issue of this journal, "The Right to Freedom of Religion and the Right against R..

Killing a Constitution with a Thousand Cuts: Executive Aggrandizement and Party-state Fusion in India

Tarunabh Khaitan

Journal article  |  2020  |  Law and Ethics of Human Rights

Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming tha..

Book Review: Executive Aggrandizement in Established Democracies: A Crisis of Liberal Democratic Constitutionalism

Tarunabh Khaitan

Journal article  |  2019  |  International Journal of Constitutional Law

This review essay examines the recently published collection titled Constitutional Democracy in Crisis?. The insightful and divers..

The Supreme Court as a Constitutional Watchdog

Tarunabh Khaitan

Journal article  |  2019  |  Seminar

Democracies seek to insulate judges from external pressures, whether political, monetary or otherwise. Unlike other state institut..

Constitutional Directives: Morally-Committed Political Constitutionalism

Tarunabh Khaitan

Journal article  |  2019  |  Modern Law Review

About 37 state constitutions around the world feature non-justiciable thick moral commitments (‘constitutional directives’). These..

Political Insurance for the (Relative) Poor: How Liberal Constitutionalism Could Resist Plutocracy

Tarunabh Khaitan

Journal article  |  2019  |  Global Constitutionalism

© 2019 Cambridge University Press. Fair value of equal political liberties is a key precondition for the legitimacy of a regime in..

The Right to Freedom of Religion and the Right Against Religious Discrimination: Theoretical Distinctions

Tarunabh Khaitan, Jane Calderwood Norton

Journal article  |  2019  |  International Journal of Constitutional Law

This article argues that while they are often conflated, the right to freedom of religion and the right against religious discrimi..

Indirect Discrimination Law: Controversies and Critical Questions

Hugh Collins, Tarun Khaitan

Book Chapter  |  2018

Aesop's fable of the fox and the stork invokes the idea of indirect discrimination. The story tells how the fox invited the stork ..

Foundations of Indirect Discrimination Law

Hugh Collins, Tarunabh Khaitan

Book  |  2018

Includes papers presented at a 'lively workshop held in All Souls College and Wadham College, Oxford in March 2016.'--Acknowledgem..