About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 Lentera Hukum 1 (2022)

handle is hein.journals/lenth9 and id is 1 raw text is: Lentera Hukum, Volume 9 Issue 1 (2022), pp. 1-32 ISSN 2355-4673 (Print) 2621-3710 (Online) https://doi.org/10.19184/ejlh.v9i1.28564 Published by the University of Jember, Indonesia Available online 30 April 2022 Changing Dynamics of Constitutionalism: South Asia's Tryst with Constitution Neha Tripathi* Maharashtra National Law University, India Anubhav Kumar Maharashtra National Law University, India ABSTRACT: The prevailing view of the constitutional framework in South Asia is seen as secondary and subsidiary to developed constitutional systems worldwide. Meanwhile, South Asian countries have merely re-produced the constitutional framework of developed nations. The emergence and development of South Asian constitutionalism present a range of perspectives and methodological approaches that contribute to comparative constitutional law scholarship in South Asia. The overt attention toward the Western notion of liberalism has often led to an incomplete and unclear approach to South Asian constitutionalism. The paper aimed to explore the elements of South Asian constitutionalism alongside underlying socio- economic and political discourse surrounding its contemporary understanding. It also analyzed the role of courts in affirming and transforming South Asian constitutionalism. Instead of reviving interest in South Asia and Third World Approach to International Law, this paper showed that it is only practical and pragmatic to study constitutionalism with specific reference to the modern discourse of democracy, judicial review, separation of power, and human rights enshrined in their respective constitutions. In terms of its emergence from the colonial history and other prevalent forms of distinct cultural, social, and political practices, South Asia presented a heterogeneous experience in the light of recognition and enforcement of socio- economic rights and transformations and deviations from its past experiences. KEYWORDS: Comparative Constitutional Law, Constitutionalism, South Asia. Copyright © 2022 by Author(s) C \. f j This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License. All writings published in this journal are personal views of the authors and do not represent the views of this journal and the author's affiliated institutions. HOW TO CITE: Tripathi, Neha & Anubhav Kumar, Changing Dynamics of Constitutionalism: South Asia's Tryst with Constitution (2022) 9:1 Lentera Hukum 1-32. DOI: <https://doi.org/10.19184/ ejlh.v9i1l.28564>. Submitted: 23/12/2021 Reviewed: 07/01/2022 Revised: 19/04/2022 Accepted: 21/04/2022 * Corresponding author's e-mail: nehatripathi.kls@gmail.com

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most