Unstable Constitutionalism
Law and Politics in South Asia

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

Mark Tushnet (Edited by), Madhav Khosla (Edited by)

9781107068957, Cambridge University Press

Hardback, published 17 September 2015

414 pages, 7 b/w illus.
22.9 x 15.2 x 2.4 cm, 0.72 kg

'In the final analysis, Unstable Constitutionalism marks an important contribution to the burgeoning constitutional discourse on consequential courts, and the invaluable role they can and must play even in authoritarian regimes. For this reason alone, this volume should be on the must-read list of every comparative constitutional law scholar in the twenty-first century.' Po Jen Yap, International Journal of Constitutional Law

Although the field of constitutional law has become increasingly comparative in recent years, its geographic focus has remained limited. South Asia, despite being the site of the world's largest democracy and a vibrant if turbulent constitutionalism, is one of the important neglected regions within the field. This book remedies this lack of attention by providing a detailed examination of constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh. Identifying a common theme of volatile change, it develops the concept of 'unstable constitutionalism', studying the sources of instability alongside reactions and responses to it. By highlighting unique theoretical and practical questions in an underrepresented region, Unstable Constitutionalism constitutes an important step toward truly global constitutional scholarship.

Part I. Introduction: 1. Unstable constitutionalism Mark Tushnet and Madhav Khosla
2. How to do constitutional law and politics in South Asia Sujit Choudhry
Part II. Forms and Sources of Instability: 3. The locus of sovereign authority in Nepal Mara Malagodi
4. Representation, regime, and resistance in Nepal Mahendra Lawoti
5. Constitutionalism and extra-constitutionalism in Pakistan Mohammad Waseem
6. The judicialization of politics in Pakistan: the Supreme Court after the lawyers' movement Osama Siddique
7. Elections in 'democratic' Bangladesh M. Jashim Ali Chowdhury
Part III. Reactions and Responses to Instability: 8. The Indian Supreme Court and the art of democratic positioning Pratap Bhanu Mehta
9. The judicialization of politics in Bangladesh: pragmatism, legitimacy, and consequences Ridwanul Hoque
10. Debating federalism in Sri Lanka and Nepal Rohan Edrisinha
11. Constitutional form and reform in post-war Sri Lanka: towards a plurinational understanding Asanga Welikala
12. Constitutional federalism in the Indian Supreme Court Sudhir Krishnaswamy.

Subject Areas: Constitutional & administrative law [LND], Comparative law [LAM], Law [L], Comparative politics [JPB], Politics & government [JP], Black & Asian studies [JFSL3]