Comparative Constitutionalism in South Asia

The countries of South Asia share a colonial past, have common cultural and civilizational connections, and share some common elements in their constitutional systems, governance structures, and legal systems. Yet despite these attributes, South Asian countries have had differing political and constitutional experiences and comparative constitutional law has not systematically evolved in this region.

This volume, the first of its kind in scope, addresses this issue. It points out that in several cases exchanges at the judicial level have already resulted in borrowing of constitutional concepts and legal principles between South Asian countries. There is, however, considerable potential for greater trans-constitutional and judicial borrowing within South Asia. Moreover, the scope for comparative regional borrowings goes beyond the judiciary or the appellate legal profession and can also be shared and exchanged by other entities, including legislatures, independent regulatory agencies, and non-governmental organizations. The essays in this volume bring together the various common elements that are already present in the constitutions and governance structures of South Asian countries and explore new ways to answer critical questions from a comparative perspective.

Due to a lack of any previous study of this nature, this volume has the potential to become the best introduction to the field of South Asian constitutional law. It will be immensely useful to scholars and teachers of law, politics, modern history, and development studies as well as lawyers, judges, and policymakers with an interest in India and other South Asian countries.