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Title
Dimensions of constitutional democracy : India and Germany / Anupama Roy, Michael Becker, editors.
ISBN
9789811538995 (electronic book)
9811538999 (electronic book)
9811538980
9789811538988
Publication Details
Singapore : Springer, 2020.
Language
English
Description
1 online resource (238 pages)
Item Number
10.1007/978-981-15-3
Call Number
JQ231
Dewey Decimal Classification
321.00954
Summary
This book examines a selection of themes that have become salient in contemporary debates on constitutional democracies. It focuses in particular on the experiences of India and Germany as examples of post-war and post-colonial constitutional democracies whose trajectories illustrate democratic transitions and transformative constitutionalism. While transformative constitutionalism has come to be associated specifically with the post-apartheid experience in South Africa, this book uses the transformative as an analytical framework to transcend the dichotomy of west and east and explore how temporally coincident constitutions have sought to install constitutional democracies by breaking with the past. While the constitution-making processes in the two countries were specific to their political contexts, the constitutional promises and futures converged. In this context, the book explores the themes of Constitutionalism, Nationalism, Secularism, Sovereignty and Rule of Law, Freedoms and Rights, to investigate how the contestations over democratic transitions and democratic futures have unfolded in the two democracies. It offers readers valuable insights into how the normative frameworks of constitutional democracy take concrete form at specific sites of democratic and constitutional imagination in Dalit and Islamic writings, as well as the relationship between state and religion in the writings of public intellectuals, political and legal philosophers. The book also focuses on specific sites of contestation in democracies including the relationship between sovereignty and citizenship in post-colonial India, free speech and sedition in liberal democracies, questions of land rights in connection with economic and political changes in contemporary contexts, and the rights of indigenous communities with regard to international conventions and domestic law. Given its scope, it will be of interest to students and scholars of political theory, political philosophy, comparati ve constitutionalism, law and human rights.
Note
Includes index.
Access Note
Access limited to authorized users.
Source of Description
Description based on print version record.
Constitutional Democracy in Comparative Perspective: An Introduction
Nationalism and Constitutional Democracy
The Paper-Thin Covering of Constitutional Democracy
Ernst-Wolfgang Böckenförd and the Notion of the State's Open Neutrality
Constitutional Democracy and Indian Secularism: Considerations from the Perspective of Democratic Antinomies
Mainstream Indian Nationalisms and its Critique: A Minority and Islamic Perspective
Maulana Azad and an Islamic Justification of the Indian Constitution
Law and Constitutional Democracy: Meanings, Iterations and Consequences
Sovereignty and Constitutional Democracy: The 'Princely Subject in the Indian Constitution
Laws and Rights: Indigenous Womens Human Rights to Resources
The Land Question and Constitutional Democracy.