Comparative Constitutionalism in South Asia

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. Despite these common attributes, South Asian countries have had differing political and constitutional experiences; and comparative constitutional law has not properly 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 alone and can also be shared and exchanged by other entities, including legislatures, independent regulatory agencies, and non-governmental organizations. The essays, bringing together the various common elements present in the constitutions and governance structures of the South Asian countries, explore ways to answer critical questions related to 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 would be immensely useful to scholars and teachers of law, politics, modern history, and development studies as well as lawyers, judges, and policymakers not only in India but also in other South Asian countries.

PREFACE ; INTRODUCTION ; 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 ; ABOUT THE EDITORS AND CONTRIBUTORS