Comparative Constitutionalism in South Asia PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Comparative Constitutionalism in South Asia PDF full book. Access full book title Comparative Constitutionalism in South Asia by Sunil Khilnani. Download full books in PDF and EPUB format.
Author: Sunil Khilnani
Publisher: Oxford University Press, USA
ISBN: 9780199466603
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Sunil Khilnani
Publisher: Oxford University Press, USA
ISBN: 9780199466603
Category : Law
Languages : en
Pages : 0
Get Book Here
Book Description
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.
Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1107068959
Category : Law
Languages : en
Pages : 415
Get Book Here
Book Description
This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author: Dian A. H. Shah
Publisher: Cambridge University Press
ISBN: 1107183340
Category : History
Languages : en
Pages : 307
Get Book Here
Book Description
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Author: Durga Das Basu
Publisher:
ISBN: 9788180382000
Category :
Languages : en
Pages : 528
Get Book Here
Book Description
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.
Author: Philipp Dann
Publisher: Oxford University Press
ISBN: 0192590758
Category : Law
Languages : en
Pages : 403
Get Book Here
Book Description
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.
Author: David Landau
Publisher: Edward Elgar Publishing
ISBN: 1785365266
Category : Law
Languages : en
Pages : 623
Get Book Here
Book Description
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}
Author: Po Jen Yap
Publisher: Cambridge University Press
ISBN: 1108924832
Category : Law
Languages : en
Pages : 213
Get Book Here
Book Description
This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique political contexts of all three jurisdictions have led to strong courts using the structured proportionality doctrine and innovative constitutional remedies to address human rights issues. Hong Kong, Taiwan, and South Korea have the only courts in Asia that regularly use a structured four-stage Proportionality Analysis to invalidate laws, and routinely apply innovative constitutional remedies such as Suspension Orders and Remedial Interpretation to rectify constitutionally flawed legislation. This volume explores how judges in these areas are affected by politics within their different constitutional systems. The latest developments in Asian constitutional law are covered, with detailed analysis of key cases.
Author: Rosalind Dixon
Publisher: Edward Elgar Publishing
ISBN: 1781002703
Category : Law
Languages : en
Pages : 365
Get Book Here
Book Description
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
Author: Wen-Chen Chang
Publisher: Bloomsbury Publishing
ISBN: 1849469857
Category : Law
Languages : en
Pages : 1172
Get Book Here
Book Description
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.
Author: Susan H. Williams
Publisher: Cambridge University Press
ISBN: 1107729483
Category : Political Science
Languages : en
Pages : 377
Get Book Here
Book Description
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.
