Constitutional Resilience in South Asia / edited by Swati Jhaveri, Tarunabh Khaitan and Dinesha Samararatne

Contributor(s):

Material type: Text

TextPublication details: New Delhi: Bloomsbury Publishing, 2023.Description: 483p.; 23cmISBN:

9789354351020

Subject(s):

Constitution- South Asia

DDC classification:

320.3 CON

Contents:

List of Contributors PART I: CONSTITUTIONAL RESILIENCE DECODED 1. Constitutional Resilience in South Asia: A Primer PART II: CONSTITUTIONAL DESIGN 2. Institutional Resilience and Political Transitions in Sri Lanka and Beyond 3. Old Powers and New Forces in the Bhutanese Constitution – Anticipating the Resilience of a Young Constitution PART III: FEDERALISM 4. Territorial Dynamics in Sri Lanka: Federalism, Unitarism and Path Dependence 5. Proposing a Solidarity-Based (Federal) Solution for Sri Lanka 6. The Constitutional Resilience of Human Rights in New Federal States: Local Government and the National Human Rights Commission in Nepal PART IV: THE POLITICAL BRANCHES 7. Killing a Constitution with a Thousand Cuts: Executive Aggrandisement and Party–State Fusion in India 8. Dysfunction and Ad Hocism in Agenda Setting: Compromising of the Lok Sabha in India 9. Dysfunctional Resilience in the Afghan Civil Service PART V: THE JUDICIARY 10. The Maldives: A Parable of Judicial Crisis, Institutional Corrosion and Democratic Demise 11. Judicial Evasion, Judicial Vagueness and Judicial Revisionism: A Study of the NCT of Delhi v Union of India Judgment(s) PART VI: FOURTH BRANCH (GUARANTOR) INSTITUTIONS 12. Sri Lanka’s Guarantor Branch: Constitutional Resilience by Stealth? 13. The South Asian Fourth Branch: Designing Election Commissions for Constitutional Resilience 14. Between Trust and Democracy: The Election Commission of India and the Question of Constitutional Accountability 15. The Turbulent Journey and Overlooked Opportunities of Electoral Democracy in Bangladesh PART VII: THE MILITARY 16. Rescuing the Agency and Resilience of Civilian Political Actors: Civil–Military Relations in Pakistan, 2008–20 17. A Frozen Democratic Transition: Pakistan’s Hybrid Regime and Weak Party System PART VIII: THE PEOPLE 18. Rethinking Constitutional Resilience from Below: Dalit Rights and Land Reform 19. Constitutional Patriotism in India: Appreciating the People as Constitutional Actors PART IX: CONCLUSION 20. Epilogue: Resilience and Political Constitutionalism in South Asia and Beyond Index

Summary: 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. ---provided by publisher

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Holdings
Item type	Current library	Call number	Status	Date due	Barcode
Books	Central Library	320.3 CON (Browse shelf(Opens below))	Available		000804

List of Contributors
PART I: CONSTITUTIONAL RESILIENCE DECODED
1. Constitutional Resilience in South Asia: A Primer
PART II: CONSTITUTIONAL DESIGN
2. Institutional Resilience and Political Transitions in Sri Lanka and Beyond
3. Old Powers and New Forces in the Bhutanese Constitution – Anticipating the Resilience of a Young Constitution
PART III: FEDERALISM
4. Territorial Dynamics in Sri Lanka: Federalism, Unitarism and Path Dependence
5. Proposing a Solidarity-Based (Federal) Solution for Sri Lanka
6. The Constitutional Resilience of Human Rights in New Federal States: Local Government and the National Human Rights Commission in Nepal
PART IV: THE POLITICAL BRANCHES
7. Killing a Constitution with a Thousand Cuts: Executive Aggrandisement and Party–State Fusion in India
8. Dysfunction and Ad Hocism in Agenda Setting: Compromising of the Lok Sabha in India
9. Dysfunctional Resilience in the Afghan Civil Service
PART V: THE JUDICIARY
10. The Maldives: A Parable of Judicial Crisis, Institutional Corrosion and Democratic Demise
11. Judicial Evasion, Judicial Vagueness and Judicial Revisionism: A Study of the NCT of Delhi v Union of India Judgment(s)
PART VI: FOURTH BRANCH (GUARANTOR) INSTITUTIONS
12. Sri Lanka’s Guarantor Branch: Constitutional Resilience by Stealth?
13. The South Asian Fourth Branch: Designing Election Commissions for Constitutional Resilience
14. Between Trust and Democracy: The Election Commission of India and the Question of Constitutional Accountability
15. The Turbulent Journey and Overlooked Opportunities of Electoral Democracy in Bangladesh
PART VII: THE MILITARY
16. Rescuing the Agency and Resilience of Civilian Political Actors: Civil–Military Relations in Pakistan, 2008–20
17. A Frozen Democratic Transition: Pakistan’s Hybrid Regime and Weak Party System
PART VIII: THE PEOPLE
18. Rethinking Constitutional Resilience from Below: Dalit Rights and Land Reform
19. Constitutional Patriotism in India: Appreciating the People as Constitutional Actors
PART IX: CONCLUSION
20. Epilogue: Resilience and Political Constitutionalism in South Asia and Beyond
Index

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. ---provided by publisher

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Constitutional Resilience in South Asia / edited by Swati Jhaveri, Tarunabh Khaitan and Dinesha Samararatne

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