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Democratic Constitutionalism in India and the European Union: Comparing the Law of Democracy in Continental Polities

Edited by: Philipp Dann, Arun K. Thiruvengadam

ISBN13: 9781789901566
Published: February 2021
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £95.00



Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.

This timely and invigorating book showcases a novel comparative approach termed ‘slow comparison’, counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges.

This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.

Subjects:
Other Jurisdictions , EU Law, India
Contents:
1. Comparing constitutional democracy in the European Union and India: an introduction
Philipp Dann and Arun K. Thiruvengadam
PART I. CONCEPTUAL CONTEXTS
2. Concepts of democracy
Pritam Baruah and Uwe Volkmann
3. Origins and pathways of constitutionalism
Jurgen Bast and Arun K. Thiruvengadam
4. Equality and diversity in constitutional discourses
Sigrid Boysen and Aparna Chandra
PART II. SELECT ISSUES
5. Electoral systems and representation
Aditi and Jelena von Achenbach
6. Political parties and social movements
Michaela Hailbronner and Naveen Thayyil
7. Freedom of expression and hate speech
Smarika Lulz and Michael Riegner
8. Social rights
Gautam Bhatia and Emilios Christodoulidis
9. Federalism and democracy
Philipp Dann and Arun K. Thiruvengadam
Index