Constitutional Resilience in South Asia

Name: Constitutional Resilience in South Asia
Brand: Hart Publishing
SKU: 9781509948857
Price: 1134.90 HKD
Availability: InStock
Author: Tarunabh Khaitan; Dinesha Samararatne; Swati Jhaveri
ISBN: 9781509948857

Edited by Tarunabh Khaitan · Dinesha Samararatne · Swati Jhaveri

Hart Publishing June 2023

Specifications

ISBN-13: 9781509948857
Publisher: Hart Publishing
Publication: June 2023
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars.

This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan.

The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.

Preface

Foreword

Part 1: The Problem of Constitutional Resilience Decoded

1. Constitutional Resilience in South Asia: A Primer, Swati Jhaveri (National University of Singapore, Singapore), Tarunabh Khaitan (University of Oxford, UK) and Dinesha Samararatne (University of Colombo, Sri Lanka)

Part 2: Constitutional Design

2. Institutional Resilience and Political Transitions in Sri Lanka, Dian Shah (National University of Singapore, Singapore) and Mario Gomez (International Centre for Ethnic Studies, Sri Lanka)

3. Old Powers and New Forces in the Bhutanese Constitution – Anticipating the Resilience of a Young Constitution, Michaela Windischgraetz (University of Vienna, Austria)

Part 3: Federalism

4. Territorial Dynamics in Sri Lanka: Federalism, Unitarism and Path Dependence, Jayani Nadarajalingam (University of Melbourne, Australia) and Zim Nwokora (Deakin University, Australia)

5. Suggesting a Solidarity-Based Federalism for Sri Lanka, Erika Arban (Melbourne Law School, Australia)

6. The Constitutional Resilience of Human Rights in New Federal States: Local Government and the National Human Rights Commission in Nepal, Hari P. Dhungana (Nepal Open University, Nepal) and Iain Payne (University of New South Wales, Australia)

Part 4: The Political Branches

7. Killing a Constitution with a Thousand Cuts, Tarunabh Khaitan (University of Oxford, UK)

8. Business Scheduling in the Lok Sabha: A Study of Parliamentary Dysfunction, Devandra Damle (Open Network for Digital Commerce, India) and Shubho Roy (University of Chicago, USA)

9. Dysfunction Resilience of the Afghan Civil Service, Ebrahim Afsah (University of Vienna, Austria)

Part 5: The Judiciary

10. The Maldives: A Parable of Judicial Crisis, Institutional Corrosion, and Democratic Demise, Ahmed Nazeer (University of Portsmouth, UK)

11. The Role of the Supreme Court of India in Empowering the (Central) Executive, Gautam Bhatia (India)

Part 6: Fourth Branch (Guarantor) Institutions

12. The 20th Amendment – Sri Lanka's Fourth Branch Institutions, Dinesha Samararatne (University of Colombo, Sri Lanka)

13. The South Asian Fourth Branch: Designing Election Commissions for Constitutional Resilience, Michael Pal (University of Ottawa, Canada)

14. Constitutional Trust, Independence and Accountability: Election Commission and Operationalising Democracy in India, M. Mohsin Alam Bhat (Jindal Global University, India)

15. The Turbulent Journey of Electoral Democracy in Bangladesh: The Overlooked Opportunities of Consolidation and Resilience, Muhammad Omar Faruque (Bangladesh Judicial Service, Bangladesh)

Part 7: The Military

16. Rescuing the agency and resilience of civilian political actors: Civil-military relations in Pakistan, 2008-2020, Farhan Hanif Siddiqi (Quaid-i-Azam University, Pakistan)

17. A Frozen Democratic Transition: Pakistan's Hybrid Regime and Weak Party System, Muhammad Salman (Habib University, Pakistan) and Marzia Raza (University of Osnabrück, Germany)

Part 8: The People

18. Rethinking Constitutional Resilience from Below: Dalit Rights and Land Reform, Faizan Jawed Siddiqi (Massachusetts Institute of Technology, USA)

19. Constitutional Patriotism in India: Appreciating the People as Constitutional Actors, Jahnavi Sindhu (Humboldt University, Germany) and Vikram Aditya Narayan (Humboldt University, Germany)

Part 9: Conclusion

20. Epilogue, Philipp Dann (Humboldt University, Germany)

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