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The countries of South Asia share a colonial past, have common cultural and civilizational connections, and share some common elements in their constitutional systems, governance structures, and legal systems. Yet despite these attributes, South Asian countries have had differing political and constitutional experiences and comparative constitutional law has not systematically evolved in this region.
This volume, the first of its kind in scope, addresses this issue. It points out that in several cases exchanges at the judicial level have already resulted in borrowing of constitutional concepts and legal principles between South Asian countries. There is, however, considerable potential for greater trans-constitutional and judicial borrowing within South Asia. Moreover, the scope for comparative regional borrowings goes beyond the judiciary or the appellate legal profession and can also be shared and exchanged by other entities, including legislatures, independent regulatory agencies, and non-governmental organizations. The essays in this volume bring together the various common elements that are already present in the constitutions and governance structures of South Asian countries and explore new ways to answer critical questions from a comparative perspective.
Due to a lack of any previous study of this nature, this volume has the potential to become the best introduction to the field of South Asian constitutional law. It will be immensely useful to scholars and teachers of law, politics, modern history, and development studies as well as lawyers, judges, and policymakers with an interest in India and other South Asian countries.
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Sunil Khilnani, Professor of Politics and Director, King's India Institute
Vikram Raghavan, Senior Counsel, Legal Vice-Presidency, World Bank
Arun K. Thiruvengadam, Assistant Professor, Faculty of Law, National University of Singapore
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Book Description Oxford University Press, 2013. Hardcover. Condition: New. Dust Jacket Condition: New. 1st Edition. 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 Asia's future: the mutual borrowing, citing, and dialogue across the constitutional jurisdictions of South Asia. This nascent but significant development provides the basis, thevolume 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. Seller Inventory # 112577
Book Description Oxford University Press OUP. Condition: New. Seller Inventory # 2650403572
Book Description Oxford University Press. Condition: New. Seller Inventory # 58107691
Book Description Oxford University Press, 2013. Hardcover. Condition: New. Never used!. Seller Inventory # P110198081766
Book Description Oxford University Press, 2013. Condition: New. book. Seller Inventory # M0198081766