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Constitutional Resilience in South Asia

Edited by: Swati Jhaveri, Tarunabh Khaitan, Dinesha Samararatne

ISBN13: 9781509948895
To be Published: November 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £42.99



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."

Subjects:
Constitutional and Administrative Law, Other Jurisdictions , Asia
Contents:
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)