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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 is Professor of Politics and Director, King's India Institute, London. Vikram Raghavan is Senior Counsel in the World Banks Legal Vice-Presidency, World Bank. Arun K. Thiruvengadam is Associate Professor, School of Policy and Governance, Azim Premji University, Bengaluru.
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Book Description Oxford University Press, 2015. Softcover. Condition: New. Contents: Preface Introduction: Reviving South Asian Comparative Constitutionalism Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam 1. Modelling ?Optimal? Constitutional Design for Government Structures: Some Debutant Remarks Upendra Baxi 2. How to Do Comparative Constitutional Law in India: Naz Foundation, Same Sex Rights, and Dialogical Interpretation Sujit Choudhry 3. Constitutional Developments in a Himalayan Kingdom: The Experience of Nepal Mara Malagodi 4. Separating Religion and Politics? Buddhism and the Bhutanese Constitution Richard W. Whitecross 5. The Democratic State and Religious Pluralism: Comparative Constitutionalism and Constitutional Experiences of Sri Lanka Deepika Udagama 6. Constitutional Borrowing in South Asia: India, Sri Lanka, and Secular Constitutional Identity Gary J. Jacobsohn and Shylashri Shankar 7. Inheritance Unbound: The Politics of Personal Law Reform in Pakistan and India Matthew J. Nelson 8. Religious Freedom in India and Pakistan: The Matter of Conversion John H. Mansfield 9. Pilate?s Paramount Duty: Constitutional Reasonableness and the Restriction of Freedom of Expression and Assembly T. John O?Dowd 10. Constitutionalism and the Judiciary in Bangladesh Ridwanul Hoque 11. Revisiting the Role of the Judiciary in Plural Societies (1987): A Quarter-Century Retrospective on Public Interest Litigation in India and the Global South Arun K. Thiruvengadam Afterword by Michael Kirby Index Printed Pages: 416. Seller Inventory # 108526
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Book Description Oxford Univ Pr, 2016. Condition: New. book. Seller Inventory # M0199466602