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Constitutional Resilience in South Asia

Constitutional Resilience in South Asia

Author: Swati Jhaveri; Tarunabh Khaitan; Dinesha Samararatne
Publisher: Hart Publishing
ISBN: 9781509948895
Published In: November 2024
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 558.87

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This book interrogates the reasons why constitutional democracies in South Asia are under threat, provides a coherent and calibrated account of the causes behind their erosion, and evaluates the resilience of democratic institutions to combat such threats. It considers the design and functioning of institutions including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch/integrity institutions (such as electoral commissions) and the military to understand their roles in strengthening or undermining constitutional democracy in South Asia. It is written at a time when concerns about the stability of constitutional democracies, even long-established democracies, have been rising globally.

South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism. Pakistan and Bangladesh have frequently changed regime type, from democracy to autocracy and back. Sri Lanka and India have been relatively more stable, but serious concerns are being expressed about the resilience of their democratic institutions. Nepal and Afghanistan, as some of the youngest democracies in the world, pose another set of questions on the issue of democratic and constitutional stability.

And yet, the global South has remained largely ignored by constitutional law and democracy scholars. This book addresses this gap. Contributors come from across South Asia, including India, Bangladesh, Pakistan, Sri Lanka and Afghanistan, to present a unified contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies."

Section 1 - The Problem Decoded

1. Decoding the Problem

Tarunabh Khaitan (University of Oxford, UK

University of Melbourne, Australia), Dinesha Samararatne (University of Melbourne, Australia) and Swati Jhaveri (University of Oxford, UK)

2. Introduction to Volume

Tarunabh Khaitan (University of Oxford, UK

University of Melbourne, Australia), Dinesha Samararatne (University of Melbourne, Australia) and Swati Jhaveri (University of Oxford, UK)

Section 2 – The Most Dangerous Branch

3. Killing a Constitution with a Thousand Cuts

Tarunabh Khaitan (University of Oxford, UK

University of Melbourne, Australia)

4. The Role of the Supreme Court of India in Empowering the (Central) Executive

Gautam Bhatia (University of Oxford, UK)

5. Two Steps Forward One Step Back: The Non-Linear Expansion of Judicial Power in Pakistan

Moeen Cheema (Australian National University, Australia)

6. Dysfunctional Resilience in the Afghan Civil Service

Ebrahim Afsah (University of Vienna, Austria)

7. Nudging Towards Democracy? A Pathology of Pakistan’s Civil-Military Relations in the 2000s

Farhan Siddiqi (Quaid-i-Azam University, Pakistan)

8. Institutional Resilience and Political Transitions in Sri Lanka

Dian Shah (National University of Singapore, Singapore) and Mario Gomez (International Centre for Ethic Studies, Sri Lanka)

Section 3 – The Fourth Branch

9. Constitutional Trust, Independence and Accountability: Election Commission and Operationalising Democracy in India

Mohsin Alam Bhat (Jindal Global Law School, India)

10. The South Asian Fourth Branch: Designing Election Commissions for Constitutional Resilience

Michael Pal (University of Ottawa, Canada)

11. The Fourth Branch Institutions in Nepal

Iain Payne (University of Melbourne, Australia)

12. The Integrity Crisis of the Electoral System in Bangladesh: The 13th Amendment Judgment and Beyond

Muhammad Omar Faruque (Geneva Academy of Humanitarian Law and Human Rights, Switzerland)

13. The 20th Amendment – Sri Lanka’s Fourth Branch Institutions

Dinesha Samaratne (University of Oxford, UK)

Section 4 – The Political Minority and Political Opposition

14. Role of Political Parties in Consolidating Tutelary Interference: The Case of Hybrid Constitutionalism in Pakistan

Marzia Raza (Osnabruck University, Germany) and Muhammad Salman (LUISS Guido Carli, Italy)

15. Territorial Dynamics in Sri Lanka: The Logic of Unitarism and Paths to Federalism

Jayani Nadarajalingam (University of Melbourne, Australia) and Zim Nwokora (Deakin University, Australia)

16. Suggesting a Solidarity-Based Federalism for Sri Lanka

Erika Arban (University of Melbourne, Australia)

17. Business Scheduling in the Lok Sabha: A Study of Parliamentary Dysfunction

Devandra Damle (National Institute of Public Finance and Policy, India) and Shubho Roy (University of Chicago, USA)

Section 5 – People as Constitutional Actors

18. Rethinking Constitutional Resilience from Below: Dalit Rights and Land Reform

Faizan Siddiq (Massachusetts Institute of Technology, USA)

19. The People as Constitutional Litigants and Constitutional Actors

Vikram Narayan (Deakin University, Australia) and Jahnavi Siddhu (National Law School of India University, India)

Section 6 - Conclusion

20. Conclusion

Swati Jhaveri (University of Oxford, UK)

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