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Judicial Globalisation: Judicial Protection Of Rights In Changing Economic, Social, And Political Conditions


Siddhi Jain, IILM University


ABSTRACT


Judicial globalization represents the increasing interconnectedness of judicial systems worldwide through cross-border legal dialogue, the adoption of international norms, and reliance on foreign precedents. This phenomenon holds immense significance in an era characterized by rapid economic, social, and political changes, necessitating the judiciary to adapt and safeguard fundamental rights in a globalized context. This study explores the concept of judicial globalization, emphasizing its role in protecting rights while navigating the challenges posed by evolving global dynamics. It examines how economic shifts, such as globalization of trade, demand judicial oversight to balance corporate interests and social justice. Social movements advocating human rights have reshaped judicial practices, while political volatility tests the judiciary’s independence and ability to uphold democratic principles. Through comparative case studies from jurisdictions like the United States, European Union, and India, the paper highlights the diverse ways judiciaries engage with global legal norms. Despite challenges such as balancing local traditions with global standards and addressing legitimacy concerns of international bodies, judicial globalization offers significant opportunities. It enables global cooperation, strengthens human rights protection, and provides a judicial framework to tackle transnational issues like climate change. The findings underscore the judiciary’s evolving role as a mediator between local sovereignty and global justice, offering recommendations to enhance its effectiveness in an interconnected world.


Keywords: Judicial globalization, human rights protection, cross-border legal dialogue, global legal norms, judiciary, international law, economic globalization, democratic principles.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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