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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)
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.

  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/

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

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