How to Do Constitutional Law and Politics in South Asia

Unstable Constitutionalism: Law and Politics in South Asia, M. Tushnet & M. Khosla, eds., pp. 18-44, Cambridge University Press, 2015

14 Pages Posted: 12 Sep 2017

See all articles by Sujit Choudhry

Sujit Choudhry

Center for Constitutional Transitions; Center for Global Constitutionalism, WZB Berlin Social Science Center

Date Written: 2015

Abstract

The study of South Asia has been neglected in the vast and growing field of comparative constitutional law. To come to grips with South Asian constitutional law and politics requires that we develop our research agendas around the actual practice of constitutional actors in South Asia, which opens the door to an alternative strategy of comparative case studies that shifts the field beyond the narrow set of jurisdictions that command central attention. In addition, the study of South Asia has suffered from a disjuncture between the study of South Asian constitutional development and constitutional law in how they examine constitutional jurisprudence; the former offers highly truncated analyses of constitutional jurisprudence, whereas the latter is highly formalistic and doctrinal. What is sorely needed is an analysis of key cases that integrates the constitutional politics occurring outside the courts with the details of those judgments. In this chapter, I illustrate what the study of South Asian constitutional law and politics could look like, through the basic structure doctrine and India’s system of reservations.

Suggested Citation

Choudhry, Sujit, How to Do Constitutional Law and Politics in South Asia (2015). Unstable Constitutionalism: Law and Politics in South Asia, M. Tushnet & M. Khosla, eds., pp. 18-44, Cambridge University Press, 2015. Available at SSRN: https://ssrn.com/abstract=3025960

Sujit Choudhry (Contact Author)

Center for Constitutional Transitions ( email )

HOME PAGE: constitutionaltransitions.org

Center for Global Constitutionalism, WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

Register to save articles to
your library

Register

Paper statistics

Downloads
16
Abstract Views
126
PlumX Metrics