Democracy and Constitutionalism in India (J. Bast)

Islamic Constitutionalism and the Concept of Democracy

Transformative Constitutionalism in South Africa: 20 Years of Democracy

This article reflects on the transformative nature of South Africa’s Constitution, looking at the past 20 years of a widely celebrated democracy. The article discusses the successful entrenchment of institutional framework and challenges facing transformative constitutionalism (TC). South Africa’s history for the better part of the 20th century reveals a variety of historical phenomena ranging ...

Democracy and Development in India:

To most theorists of democracy in the West, India is an embarrassing anomaly and hence largely avoided. By most theoretical stipulations India should not have survived as a democracy: ƒ it's too poor ƒ its citizens largely rural and uneducated ƒ its civic institutions rather weak. ƒ It is a paradox even for those who believe in a positive relationship between economic equality or social homogen...

Should Progressive Constitutionalism Embrace Popular Constitutionalism?

There are two conceptions of progressive constitutionalism explored in this Symposium. The first is of progressive constitutionalism as, first and foremost, a programmatic agenda, focused on how progressives’ “distinctive constitutional vision may best be transmuted into claims of constitutional law.”1 To the extent that this constitutional vision entails only a set of policy preferences (e.g.,...

Political constitutionalism

For ‘legal constitutionalists’, written constitutions, constitutive of the legal and political system, superior to other legislation, entrenched against change, and enumerating justiciable rights, guarantee equal respect and concern for all citizens. Judicial review is thus an essential support of democracy. In this book, Richard Bellamy offers a robust argument against this view of constitutio...