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Unstable Constitutionalism Law and Politics in South Asia

Tushnet Mark Khosla Madhav
Innbundet / 2015 / Engelsk

Produktdetaljer

ISBN
9781107068957
Publisert
2015-09-17
Utgiver
Cambridge University Press
Vekt
720 gr
Høyde
229 mm
Bredde
152 mm
Dybde
24 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
414

Redaktør
Tushnet Mark
Khosla Madhav

Biografisk notat

Mark Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School. His important works in the field of comparative constitutional law include Advanced Introduction to Comparative Constitutional Law (2014), The Routledge Handbook of Constitutional Law (co-edited, 2012) and the leading handbook, Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law (2009). Madhav Khosla is currently a PhD candidate at the Department of Government at Harvard University, Massachusetts. He is the author of The Indian Constitution (2012) and is currently co-editing the Oxford Handbook of Indian Constitutional Law.

Unstable Constitutionalism Law and Politics in South Asia

Tushnet Mark Khosla Madhav
Innbundet / 2015 / Engelsk
Tushnet Mark Khosla Madhav
Innbundet / 2015 / Engelsk
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'In the final analysis, Unstable Constitutionalism marks an important contribution to the burgeoning constitutional discourse on consequential courts, and the invaluable role they can and must play even in authoritarian regimes. For this reason alone, this volume should be on the must-read list of every comparative constitutional law scholar in the twenty-first century.' Po Jen Yap, International Journal of Constitutional Law

Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected regions within the field. This book remedies this lack of attention by providing a detailed examination of constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh. Identifying a common theme of volatile change, it develops the concept of 'unstable constitutionalism', studying the sources of instability alongside reactions and responses to it. By highlighting unique theoretical and practical questions in an underrepresented region, Unstable Constitutionalism constitutes an important step toward truly global constitutional scholarship.
Les mer
Part I. Introduction: 1. Unstable constitutionalism Mark Tushnet and Madhav Khosla; 2. How to do constitutional law and politics in South Asia Sujit Choudhry; Part II. Forms and Sources of Instability: 3. The locus of sovereign authority in Nepal Mara Malagodi; 4. Representation, regime, and resistance in Nepal Mahendra Lawoti; 5. Constitutionalism and extra-constitutionalism in Pakistan Mohammad Waseem; 6. The judicialization of politics in Pakistan: the Supreme Court after the lawyers' movement Osama Siddique; 7. Elections in 'democratic' Bangladesh M. Jashim Ali Chowdhury; Part III. Reactions and Responses to Instability: 8. The Indian Supreme Court and the art of democratic positioning Pratap Bhanu Mehta; 9. The judicialization of politics in Bangladesh: pragmatism, legitimacy, and consequences Ridwanul Hoque; 10. Debating federalism in Sri Lanka and Nepal Rohan Edrisinha; 11. Constitutional form and reform in post-war Sri Lanka: towards a plurinational understanding Asanga Welikala; 12. Constitutional federalism in the Indian Supreme Court Sudhir Krishnaswamy.
Les mer
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Relaterte produkter

'In the final analysis, Unstable Constitutionalism marks an important contribution to the burgeoning constitutional discourse on consequential courts, and the invaluable role they can and must play even in authoritarian regimes. For this reason alone, this volume should be on the must-read list of every comparative constitutional law scholar in the twenty-first century.' Po Jen Yap, International Journal of Constitutional Law

Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected regions within the field. This book remedies this lack of attention by providing a detailed examination of constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh. Identifying a common theme of volatile change, it develops the concept of 'unstable constitutionalism', studying the sources of instability alongside reactions and responses to it. By highlighting unique theoretical and practical questions in an underrepresented region, Unstable Constitutionalism constitutes an important step toward truly global constitutional scholarship.
Les mer
Part I. Introduction: 1. Unstable constitutionalism Mark Tushnet and Madhav Khosla; 2. How to do constitutional law and politics in South Asia Sujit Choudhry; Part II. Forms and Sources of Instability: 3. The locus of sovereign authority in Nepal Mara Malagodi; 4. Representation, regime, and resistance in Nepal Mahendra Lawoti; 5. Constitutionalism and extra-constitutionalism in Pakistan Mohammad Waseem; 6. The judicialization of politics in Pakistan: the Supreme Court after the lawyers' movement Osama Siddique; 7. Elections in 'democratic' Bangladesh M. Jashim Ali Chowdhury; Part III. Reactions and Responses to Instability: 8. The Indian Supreme Court and the art of democratic positioning Pratap Bhanu Mehta; 9. The judicialization of politics in Bangladesh: pragmatism, legitimacy, and consequences Ridwanul Hoque; 10. Debating federalism in Sri Lanka and Nepal Rohan Edrisinha; 11. Constitutional form and reform in post-war Sri Lanka: towards a plurinational understanding Asanga Welikala; 12. Constitutional federalism in the Indian Supreme Court Sudhir Krishnaswamy.
Les mer
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Produktdetaljer

ISBN
9781107068957
Publisert
2015-09-17
Utgiver
Cambridge University Press
Vekt
720 gr
Høyde
229 mm
Bredde
152 mm
Dybde
24 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
414

Redaktør
Tushnet Mark
Khosla Madhav

Biografisk notat

Mark Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School. His important works in the field of comparative constitutional law include Advanced Introduction to Comparative Constitutional Law (2014), The Routledge Handbook of Constitutional Law (co-edited, 2012) and the leading handbook, Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law (2009). Madhav Khosla is currently a PhD candidate at the Department of Government at Harvard University, Massachusetts. He is the author of The Indian Constitution (2012) and is currently co-editing the Oxford Handbook of Indian Constitutional Law.

Relaterte produkter