Comparative Constitutionalism in South Asia

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199466603
Total Pages : 0 pages
Book Rating : 4.4/5 (666 download)

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Book Synopsis Comparative Constitutionalism in South Asia by : Sunil Khilnani

Download or read book Comparative Constitutionalism in South Asia written by Sunil Khilnani and published by Oxford University Press, USA. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite their divergent recent histories and political experiences, there is a remarkable degree of constitutional and legal kinship among the South Asian countries. Yet for long legal communities in these countries were in the habit of looking to the West for statutory modelling and jurisprudential innovation. They are, however, now increasingly reacting to and engaging with constitutional law developments in the neighbouring countries of the region. This pioneering volume maps out the intellectual and historical contours of this little-studied field, yet one that is critical to South Asias future: the mutual borrowing, citing, and dialogue across the constitutional jurisdictions of South Asia. This nascent but significant development provides the basis, the volume argues, for a distinct comparative constitutionalism focused on the South Asian region. The essays collected here examine whether the experience so far of comparative law across South Asia offers insight into broader trends in constitutionalism, and also ask how the corpus of general comparative constitutional law might benefit from greater familiarity with the South Asian experience. The contributors are broad and diverse in their outlook and experience, and their contributions cover a wide range of contemporary constitutional developments in Bangladesh, Bhutan, India, Nepal, Pakistan, and Sri Lanka. The topics addressed include substantive issues such as: the interface of law and religion and models of secularism in specific South Asian jurisdictions; the challenges confronted by public interest lawyers in championing their causes across courts in South Asia; and the evolution of constitutionalism in smaller South Asian polities over time. Additionally, some chapters focus on methodological and related challenges to fostering deeper dialogue in the field of constitutional law across South Asian nations.

Unstable Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107068959
Total Pages : 415 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Unstable Constitutionalism by : Mark Tushnet

Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

The Global South and Comparative Constitutional Law

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Publisher : Oxford University Press
ISBN 13 : 0192590758
Total Pages : 321 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Global South and Comparative Constitutional Law by : Philipp Dann

Download or read book The Global South and Comparative Constitutional Law written by Philipp Dann and published by Oxford University Press. This book was released on 2020-10-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Unstable Constitutionalism

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Publisher :
ISBN 13 : 9781316420928
Total Pages : 416 pages
Book Rating : 4.4/5 (29 download)

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Book Synopsis Unstable Constitutionalism by : Mark V. Tushnet

Download or read book Unstable Constitutionalism written by Mark V. Tushnet and published by . This book was released on 2015 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Unstable Constitutionalism

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Publisher :
ISBN 13 : 9781316421383
Total Pages : pages
Book Rating : 4.4/5 (213 download)

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Book Synopsis Unstable Constitutionalism by : Mark V. Tushnet

Download or read book Unstable Constitutionalism written by Mark V. Tushnet and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutions, Religion and Politics in Asia

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Publisher : Cambridge University Press
ISBN 13 : 1107183340
Total Pages : 307 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Constitutions, Religion and Politics in Asia by : Dian A. H. Shah

Download or read book Constitutions, Religion and Politics in Asia written by Dian A. H. Shah and published by Cambridge University Press. This book was released on 2017-10-26 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

Comparative Constitutional Law in Asia

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781002703
Total Pages : 365 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Comparative Constitutional Law in Asia by : Rosalind Dixon

Download or read book Comparative Constitutional Law in Asia written by Rosalind Dixon and published by Edward Elgar Publishing. This book was released on 2014-02-28 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

Constitutional Statecraft in Asian Courts

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Publisher : Oxford University Press
ISBN 13 : 0198716834
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Constitutional Statecraft in Asian Courts by : Yvonne Tew

Download or read book Constitutional Statecraft in Asian Courts written by Yvonne Tew and published by Oxford University Press. This book was released on 2021-07-23 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Statecraft in Asian Courts explores how courts engage in constitutional state-building in aspiring, yet deeply fragile, democracies in Asia. Yvonne Tew offers an in-depth look at contemporary Malaysia and Singapore, explaining how courts protect and construct constitutionalism even as they confront dominant political parties and negotiate democratic transitions. This richly illustrative account offers at once an engaging analysis of Southeast Asia's constitutional context, as well as a broader narrative that should resonate in many countries across Asia that are also grappling with similar challenges of colonial legacies, histories of authoritarian rule, and societies polarized by race, religion, and identity. The book explores the judicial strategies used for statecraft in Asian courts, including an analysis of the specific mechanisms that courts can use to entrench constitutional basic structures and to protect rights in a manner that is purposive and proportionate. Tew's account shows how courts in Asia's emerging democracies can chart a path forward to help safeguard a nation's constitutional core and to build an enduring constitutional framework.

Comparative Constitution Making

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785365266
Total Pages : 624 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Constitution Making by : David Landau

Download or read book Comparative Constitution Making written by David Landau and published by Edward Elgar Publishing. This book was released on 2019 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

Buddhism, Politics and the Limits of Law

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Publisher : Cambridge University Press
ISBN 13 : 1107152232
Total Pages : 319 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Buddhism, Politics and the Limits of Law by : Benjamin Schonthal

Download or read book Buddhism, Politics and the Limits of Law written by Benjamin Schonthal and published by Cambridge University Press. This book was released on 2016-11-17 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.

Constitutionalism in Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 1849469857
Total Pages : 1172 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis Constitutionalism in Asia by : Wen-Chen Chang

Download or read book Constitutionalism in Asia written by Wen-Chen Chang and published by Bloomsbury Publishing. This book was released on 2014-02-19 with total page 1172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Constitutional Foundings in South Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509930264
Total Pages : 401 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Foundings in South Asia by : Kevin YL Tan

Download or read book Constitutional Foundings in South Asia written by Kevin YL Tan and published by Bloomsbury Publishing. This book was released on 2021-01-28 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.

Basu Comparitive Constitutional Law

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Publisher :
ISBN 13 : 9788180382000
Total Pages : 528 pages
Book Rating : 4.3/5 (82 download)

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Book Synopsis Basu Comparitive Constitutional Law by : Durga Das Basu

Download or read book Basu Comparitive Constitutional Law written by Durga Das Basu and published by . This book was released on 2011-11-09 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though the discussion is primarily concerned with the constitutional law of the countries which have adopted the Anglo-American system, occasional reference has been made, by way of contrast, to the Constitutions of countries like Russia, China or France which do not have Judicial Review and cannot, therefore, offer judicial decisions containing legal interpretation of those respective Constitutions.

Social Difference and Constitutionalism in Pan-Asia

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Publisher : Cambridge University Press
ISBN 13 : 1107729483
Total Pages : 377 pages
Book Rating : 4.1/5 (77 download)

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Book Synopsis Social Difference and Constitutionalism in Pan-Asia by : Susan H. Williams

Download or read book Social Difference and Constitutionalism in Pan-Asia written by Susan H. Williams and published by Cambridge University Press. This book was released on 2014-02-10 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across 'Pan-Asia', a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference - religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation - in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.

Constitutional Convergence in East Asia

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Publisher : Cambridge University Press
ISBN 13 : 1108924832
Total Pages : 213 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Constitutional Convergence in East Asia by : Po Jen Yap

Download or read book Constitutional Convergence in East Asia written by Po Jen Yap and published by Cambridge University Press. This book was released on 2021-11-25 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The top courts in Hong Kong, Taiwan and South Korea have reshaped constitutional law on non-discrimination, criminal due process, and free speech. This volume explores how their constitutional jurisprudence has converged in the process.

South Asian Constitutional Systems

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Publisher :
ISBN 13 : 9789490947156
Total Pages : 220 pages
Book Rating : 4.9/5 (471 download)

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Book Synopsis South Asian Constitutional Systems by : Domenico Amirante

Download or read book South Asian Constitutional Systems written by Domenico Amirante and published by . This book was released on 2020-06-16 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the South Asian constitutional systems (India 1950, Bangladesh 1972, Pakistan 1973, Sri Lanka 1978, Bhutan 2008, Nepal 2015), adopting a comparative law and 'contextual' approach. Social diversity is the main feature of this geographical region, vast in dimension, also according to its demographic profile. This is why studying this area from a legal and institutional perspective is not only a crucial need for comparative law, but also a major methodological and intellectual challenge. The adopted methodology, that goes far beyond legal orientalism, highlights the pragmatic attitude of South Asian legal systems, considering the achievements of constitutionalism in this area as genuinely worthy of in-depth analysis, and not as mere replicas of Western standards. The most interesting contribution of this study concerns the relations between federalism and the multicultural State, showing that the recognition of cultural diversity is the starting point for the elaboration of a constitutional order aimed at ensuring the cohesion of State structures.

Constitutional Resilience in South Asia

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509948872
Total Pages : 505 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Constitutional Resilience in South Asia by : Swati Jhaveri

Download or read book Constitutional Resilience in South Asia written by Swati Jhaveri and published by Bloomsbury Publishing. This book was released on 2023-06-01 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.