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Dimensions of Constitutional Democracy - India and Germany (Paperback, 1st ed. 2020)
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Dimensions of Constitutional Democracy - India and Germany (Paperback, 1st ed. 2020)
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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, comparative
constitutionalism, law and human rights.
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