印度法学教育与宪法学之热点问题

Indian Legal Education and Hot Topics of Constitutional Law

从印度法学教育产生与发展的历史来看,印度现代法学教育是由英国殖民者输入的,其发展相对滞后于普通法制度的建立。独立后,为满足经济和社会改革的需要,印度虽曾经对法学教育制度进行改革,但仍然存在诸多问题,亟待进一步完善。目前印度宪法学研究的热点问题主要包括:中央和地方关系、司法审查、司法独立及宪法修正案的合宪性审查与基本特征基准。这些问题与印度的经济和社会转型密切相关,其中立法、行政、司法三权之间的关系尤为引人注目,如何控制司法的能动主义、防止司法审查权的滥用,是解决上述热点问题的一个共同话题。

Observed from the history of legal education in India, holding that the modern legal education in India was not introduced by the British colony until a hundred years later after the establishment of Indian common law system. Though the Indian government had made a lot of efforts to reform the legal education system to meet the demands of social and economic developments, it was still far from being satisfied and to be developed. The hot topics of Indian Constitutional Law were： 1 ） Relationship between the federal and the states; 2） Judicial review; 3） Independence of judiciary; 4） Review of constitutionality of constitutional amendments and doctrine of basic structures, holding that all of these were in hot debates due to the social and economical transformation. Within these topics, the relationships among legislature, executive and judiciary, especially how to limit the judicial activism and prevent the abuse of judicial review power, were highly concerned.