Constitutional Resilience In South Asia

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Constitutional Resilience in South Asia

Author : Swati Jhaveri
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.

Constitutional Resilience Beyond Courts

Author : Swati S Jhaveri
Publisher :
ISBN 13 : 9781509948888
Total Pages : 512 pages
Book Rating : 4.9/5 (488 download)

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Book Synopsis Constitutional Resilience Beyond Courts by : Swati S Jhaveri

Download or read book Constitutional Resilience Beyond Courts written by Swati S Jhaveri and published by . This book was released on 2022 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book interrogates the reasons why constitutional democracies in South Asia are under threat, provides a coherent and calibrated account of the causes behind their erosion, and evaluates the resilience of democratic institutions to combat such threats. It considers the design and functioning of institutions including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch/integrity institutions (such as electoral commissions) and the military to understand their roles in strengthening or undermining constitutional democracy in South Asia. It is written at a time when concerns about the stability of constitutional democracies, even long-established democracies, have been rising globally. South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism. Pakistan and Bangladesh have frequently changed regime type, from democracy to autocracy and back. Sri Lanka and India have been relatively more stable, but serious concerns are being expressed about the resilience of their democratic institutions. Nepal and Afghanistan, as some of the youngest democracies in the world, pose another set of questions on the issue of democratic and constitutional stability. And yet, the global South has remained largely ignored by constitutional law and democracy scholars. This book addresses this gap. Contributors come from across South Asia, including India, Bangladesh, Pakistan, Sri Lanka and Afghanistan, to present a unified contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies."--

Unstable Constitutionalism

Author : Mark V. Tushnet
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.

Constitutional Foundings in South Asia

Author : Kevin YL Tan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930272
Total Pages : 240 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 240 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.

The Post-Colonial States of South Asia

Author : Amita Shastri
Publisher : Routledge
ISBN 13 : 1136118667
Total Pages : 369 pages
Book Rating : 4.1/5 (361 download)

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Book Synopsis The Post-Colonial States of South Asia by : Amita Shastri

Download or read book The Post-Colonial States of South Asia written by Amita Shastri and published by Routledge. This book was released on 2013-01-11 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text discusses the principal political and constitutional questions that have arisen in the states of Bangladesh, India, Pakistan and Sri Lanka following fifty years of independence. In Sri Lanka the pressing problems have been around the inter-ethnic civil war, experiments with constitutional designs, widespread prevalence of corruption and the recrudescence of Buddhist militancy. In India it has been corruption, Hindu nationalism and general political instability. In Bangladesh and Pakistan it has been the role of the military, the state and religion. A general theme is an analysis of the malaise that is prevalent and how and why this was inherited, despite the colonial legacy of parliamentary democracy, the steel framework of a trained bureaucracy, the independence of the judiciary and the rule of law.

Unstable Constitutionalism

Author : Mark V. Tushnet
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:

Comparative Constitutionalism in South Asia

Author : Arun K. Thiruvengadam
Publisher : OUP India
ISBN 13 : 9780198081760
Total Pages : 0 pages
Book Rating : 4.0/5 (817 download)

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Book Synopsis Comparative Constitutionalism in South Asia by : Arun K. Thiruvengadam

Download or read book Comparative Constitutionalism in South Asia written by Arun K. Thiruvengadam and published by OUP India. This book was released on 2013-01-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comparatively examines a wide range of constitutional themes across the countries in South Asia.

Asian Comparative Constitutional Law, Volume 1

Author : Ngoc Son Bui
Publisher : Bloomsbury Publishing
ISBN 13 : 1509949712
Total Pages : 495 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Asian Comparative Constitutional Law, Volume 1 by : Ngoc Son Bui

Download or read book Asian Comparative Constitutional Law, Volume 1 written by Ngoc Son Bui and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.

Routledge Handbook of Autocratization in South Asia

Author : Taylor & Francis Group
Publisher :
ISBN 13 : 9780367486747
Total Pages : pages
Book Rating : 4.4/5 (867 download)

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Book Synopsis Routledge Handbook of Autocratization in South Asia by : Taylor & Francis Group

Download or read book Routledge Handbook of Autocratization in South Asia written by Taylor & Francis Group and published by . This book was released on 2021-11-22 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Constitutional Law of Bangladesh

Author : M Rafiqul Islam
Publisher : Springer Nature
ISBN 13 : 9819925797
Total Pages : 439 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis The Constitutional Law of Bangladesh by : M Rafiqul Islam

Download or read book The Constitutional Law of Bangladesh written by M Rafiqul Islam and published by Springer Nature. This book was released on 2023-07-25 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives. This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have been achieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond. The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.

Routledge Handbook of Asian Parliaments

Author : Po Jen Yap
Publisher : Taylor & Francis
ISBN 13 : 1000850609
Total Pages : 437 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Routledge Handbook of Asian Parliaments by : Po Jen Yap

Download or read book Routledge Handbook of Asian Parliaments written by Po Jen Yap and published by Taylor & Francis. This book was released on 2023-03-24 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook showcases the rich varieties of legislatures that exist in Asia and explains how political power is constituted in 17 jurisdictions in East, Southeast and South Asia. Legislatures in Asia come in all stripes. Liberal democracies co-exist cheek by jowl with autocracies; semi-democratic and competitive authoritarian systems abound. While all legislatures exist to make law and confer legitimacy on the political leadership, how representative they are of the people they govern differs dramatically across the continent, such that it is impossible to identify a common Asian prototype. Divided into thematic and country-by-country sections, this handbook is a one-stop reference that surveys the range of political systems operating in Asia. Each jurisdiction chapter examines the structure and composition of its legislature, the powers of the legislature, the legislative process, thereby providing a clear picture of how each legislature operates both in theory and in practice. The book also thematically analyses the following political systems operating in Asia: communist regimes, liberal democracies, dominant party democracies, turbulent democracies, presidential democracies, military regimes and protean authoritarian rule. This handbook is a vital and comprehensive resource for scholars of constitutional law and politics in Asia.

A Theory of Discrimination Law

Author : Tarunabh Khaitan
Publisher : OUP Oxford
ISBN 13 : 0191066389
Total Pages : 272 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis A Theory of Discrimination Law by : Tarunabh Khaitan

Download or read book A Theory of Discrimination Law written by Tarunabh Khaitan and published by OUP Oxford. This book was released on 2015-05-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.

Constitutional Democracy in Crisis?

Author : Mark A. Graber
Publisher : Oxford University Press
ISBN 13 : 0190889004
Total Pages : 352 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Constitutional Democracy in Crisis? by : Mark A. Graber

Download or read book Constitutional Democracy in Crisis? written by Mark A. Graber and published by Oxford University Press. This book was released on 2018-08-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

The Pakistan Paradox

Author : Christophe Jaffrelot
Publisher : Random House India
ISBN 13 : 8184007078
Total Pages : 688 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Pakistan Paradox by : Christophe Jaffrelot

Download or read book The Pakistan Paradox written by Christophe Jaffrelot and published by Random House India. This book was released on 2016-06-16 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of Pakistan stands riddled with tensions. Initiated by a small group of select Urdu-speaking Muslims who envisioned a unified Islamic state, today Pakistan suffers the divisive forces of various separatist movements and religious fundamentalism. A small entrenched elite continue to dominate the country’s corridors of power, and democratic forces and legal institutions remain weak. But despite these seemingly insurmountable problems, the Islamic Republic of Pakistan continues to endure. The Pakistan Paradox is the definitive history of democracy in Pakistan, and its survival despite ethnic strife, Islamism and deepseated elitism. This edition focuses on three kinds of tensions that are as old as Pakistan itself. The tension between the unitary definition of the nation inherited from Jinnah and centrifugal ethnic forces; between civilians and army officers who are not always in favour of or against democracy; and between the Islamists and those who define Islam only as a cultural identity marker.

Regional Integration and Economic Development in South Asia

Author : Sultan Hafeez Rahman
Publisher : Edward Elgar Publishing
ISBN 13 : 1781005249
Total Pages : 425 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Regional Integration and Economic Development in South Asia by : Sultan Hafeez Rahman

Download or read book Regional Integration and Economic Development in South Asia written by Sultan Hafeez Rahman and published by Edward Elgar Publishing. This book was released on 2012-04-01 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: South Asian leaders have made it a priority to tackle key regional issues such as poverty, environment degradation, trade and investment barriers and food insecurity, among others.

Stability and Growth in South Asia

Author : Sumita Kumar
Publisher :
ISBN 13 : 9788182747487
Total Pages : 0 pages
Book Rating : 4.7/5 (474 download)

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Book Synopsis Stability and Growth in South Asia by : Sumita Kumar

Download or read book Stability and Growth in South Asia written by Sumita Kumar and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers presented at the 6th South Asia Conference of Institute of Defence Studies and Analyses, held at New Delhi during 6-7 November 2012.

Asia Rising

Author : Hal Hill
Publisher : Edward Elgar Publishing
ISBN 13 : 1781007985
Total Pages : 449 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Asia Rising by : Hal Hill

Download or read book Asia Rising written by Hal Hill and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This book provides a coherent and current account of how India, Indonesia, Malaysia, Thailand, the Philippines and the People's Republic of China coped with the Asian financial crisis of the 1990s and the recent global economic recession, and how they may address future challenges in maintaining growth in difficult times. It features a valuable overview of issues from a regional perspective, five chapters on general elements and obstacles in development, and individual chapters on the experience of each of the six countries. Every chapter is replete with relevant institutional and statistical data. The volume fills a void in the literature and is highly recommended for graduate students and for economists concerned with contemporary Asia.' – Peter Drake, The University of New England and Australian Catholic University, Australia 'To understand what makes Asia tick in the face of continuing global uncertainty and instability one has to go beyond numbers into the region's psyche and idiosyncrasies. This volume provides an interestingly intrusive and refreshingly insightful analysis of a highly complex phenomenon that defies generalizations as shown by the diversity of individual country experiences.' – Mohamed Ariff, International Centre for Education in Islamic Finance (INCEIF), Malaysia The center of global economic activity is shifting rapidly towards Asia, driven by a combination of the economic dynamism of the People's Republic of China, India, and other middle-income Asian countries, and sluggish growth in the OECD economies. The rapid growth and rising global prominence have raised a range of major challenges for Asia and for the rest of the world. This comprehensive, forward-looking book examines these issues through in-depth studies of major Asian economies and an analysis of the key development policy options. The contributors, leading international authorities in their field, explore cross-cutting thematic issues with special reference to developing Asia. They address a broad range of subjects including: investment and productivity, savings and the savings–investment relationship, financial development, the provision of infrastructure, and governance and institutions. Detailed country studies focusing on the People's Republic of China, India, Indonesia, Malaysia, the Philippines, and Thailand not only provide an analytical narrative for each case study, but also draw attention to the similarities and diversity within the region. This challenging and thought-provoking book will prove an important point of reference for scholars, researchers, and students in the fields of economics, development economics, and Asian studies.