One of the assertions in chapter 7 of your text is that courts can actually brin

Question

One of the assertions in chapter 7 of your text is that courts can actually bring about social change.  The example your text provides is the integration of schools and the various social developments that resulted.  Another example is the courts' attention to criminal due process rights in the 1960's and the resulting social change. Can you think of other social changes that have actually been caused by the courts within the last few years or which may be caused by the courts in the near future?

Explanation / Answer

A Constitution has been described as “the autobiography of a nation”. It reflects its history and many of its provisions can best be understood as responses to the historical experience of the nation and as providing guideposts to a future which is free from the negative features of the past. A Constitution is thus both a document that a generation drafts in the light of its experience and the prevailing currents of thought and a document

which seeks to anticipate the future and to provide a framework for orderly change. Constitutions which mark freedom from colonial or authoritarian rule must necessarily promise change to correct the disparities and inequalities inherited from the old order. The fundamental rights clauses

and the directive or fundamental principles of state policy provide a reservoir of legal resources which can be drawn upon to bring about such

change. They provide the mandate for innovative laws, innovative institutions and remedies and for affirmative action designed

to give substance to the constitutional pledges of freedom, equality and justice.

A Constitution has been described as “the autobiography of a nation”. It reflects its history and many of its provisions can best be understood as responses to the historical experience of the nation and as providing guideposts to a future which is free from the negative features of the past. A Constitution is thus both a document that a generation drafts in the light of its experience and the prevailing currents of thought and a document

which seeks to anticipate the future and to provide a framework for orderly change. Constitutions which mark freedom from colonial or authoritarian rule must necessarily promise change to correct the disparities and inequalities inherited from the old order. The fundamental rights clauses

and the directive or fundamental principles of state policy provide a reservoir of legal resources which can be drawn upon to bring about such

change. They provide the mandate for innovative laws, innovative institutions and remedies and for affirmative action designed

to give substance to the constitutional pledges of freedom, equality and justice.

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