South Asian Constitutionalism (21717). 2 or 3 units. This course will seek to answer a substantial question: What accounts for enduring constitutionalism? With this in mind we will study India, Pakistan and Nepal. India and Pakistan were created out of a common land, gained freedom from the same colonizer, and yet had entirely different experiences with democratic constitutionalism. Nepal has emerged from a civil war and the dissolution of a monarchy. It is now in the midst of its second attempt at constitution-making. The course will reflect on the Indian and Pakistani experiences of constitution-making and constitutionalism, and will make suggestions for the continuing constitution-making process in Nepal. It also engages the constitution-making efforts of the first Constituent Assembly of Nepal (2007 onwards) and analyses the key choices that led to its failure.
To address the substantial question, the course will examine four critical constitutional choices. The first is the nature of the Constituent Assembly, the method of decision-making within it and the techniques adopted to foster consensus when framing a constitution. The second is the form of government—parliamentary, presidential or semi-presidential. The third choice is the method of judicial appointments, and the role which the courts have taken upon themselves. The final choice is the role accorded to the military in the context of constitutionalism. By examining these choices, this course hopes to contribute to an understanding of constitution-making and design in general, illustrated through moments from South Asian constitutionalism. The course will aim to provide a comparative constitutional law assessment of enduring constitutionalism based on the three case study countries. Extra credit for special writing projects. Self-scheduled examination or paper option. M. Guruswamy.
SLB - 111 (Thu) Grade mode: graded CRN: 20475
Exam: 5/02/2016 - 5/16/2016 Questions available online Name or Id: Id Length: 48 hour(s)
Notes: Use your exam ID.