Unstable Constitutionalism

Texte du rabat

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Résumé
South Asia, despite being the site of the world's largest constitutional democracy, is underrepresented in comparative legal scholarship. This book remedies this lack of attention by examining constitutional law in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Contenu

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.