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Directive Principles and the Expressive Accommodation of Ideological Dissenters

16(2) International Journal of Constitutional Law 2018

27 Pages Posted: 23 Dec 2016 Last revised: 20 Aug 2017

Tarunabh Khaitan

University of Oxford - Faculty of Law

Date Written: December 22, 2016

Abstract

This paper argues, using India as a case study, that constitutional directives can be a useful tool for the expressive accommodation of ideological dissenters who would otherwise lose out in constitutional negotiations in deeply divided societies. The strategy of expressive accommodation was tempered in the Indian case through containment and constitutional incrementalism. A calibrated expressive accommodation of ideological dissenters can give them enough (and genuine) hope of future victories to keep them on board, without going so far that the majority rejects the accommodation or their ideological opponents in turn leave the constitutional negotiation table. By focusing on the accommodational needs of ideological dissenters, this paper adds to existing literature on constitutional consensus-building techniques, which has largely focused on political insurance for ethnocultural minorities.

Keywords: deeply divided societies, constitution-making, directive principles, constitutional incrementalism, expressive accommodation, ideological dissenters, constitutional theory, constitutional law, consensus-building

Suggested Citation

Khaitan, Tarunabh, Directive Principles and the Expressive Accommodation of Ideological Dissenters (December 22, 2016). 16(2) International Journal of Constitutional Law 2018. Available at SSRN: https://ssrn.com/abstract=2888987 or http://dx.doi.org/10.2139/ssrn.2888987

Tarunabh Khaitan (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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