COVID-19 in the Apex Courts of India and Australia: Judicial Roles and Constitutional Cultures

Forthcoming in Comparative Law (Thomson Reuters, 2021)

28 Pages Posted: 9 Apr 2021 Last revised: 4 May 2021

See all articles by Lorne Neudorf

Lorne Neudorf

University of Adelaide - School of Law

Date Written: 2021

Abstract

This chapter tells the story of COVID-19 in the Supreme Court of India and the High Court of Australia. It explores and compares the jurisprudence of these courts in cases that touch upon the pandemic. Considering the pandemic through the jurisprudential lens of these apex courts provides early insight into the kinds of COVID-19 cases that are likely to continue to be taken up by the highest courts. It also hints at what their future responses might be. Comparing their rulings confirms the distinct roles played by these two courts and highlights differences in the constitutional cultures of India and Australia. Despite these differences, there are important lessons that can be learned from comparing COVID-19 jurisprudence as the global nature of the pandemic has created similar problems in countries around the world. These shared challenges provide a common ground that is ripe for comparative legal analysis. Legal systems stand to gain valuable insights from considering the approaches of foreign jurisdictions and applying their lessons to the domestic context.

Keywords: courts, law, comparative law, Supreme Court of India, High Court of Australia, jurisprudence, COVID-19, pandemic

JEL Classification: K00, K10, K19, K29

Suggested Citation

Neudorf, Lorne, COVID-19 in the Apex Courts of India and Australia: Judicial Roles and Constitutional Cultures (2021). Forthcoming in Comparative Law (Thomson Reuters, 2021), Available at SSRN: https://ssrn.com/abstract=3822155

Lorne Neudorf (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

HOME PAGE: http://https://researchers.adelaide.edu.au/profile/lorne.neudorf

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