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a network of constitutionalists from countries throughout the world

New titles from Hart Publishing: The Constitutions of India and Pakistan

The Constitution of India

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A Contextual Analysis

Arun K Thiruvengadam

This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world’s longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India’s existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution’s principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective.

The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution.

Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

Arun K Thiruvengadam is a Professor of Law at the School of Policy and Governance, Azim Premji University, Bengaluru, India.

December 2017   |   9781841137360   |   296pp   |   Paperback   |    RSP: £19.99   

Discount Price: £15.99

Order online at www.hartpublishing.co.uk – use discount code IACLB at the checkout to get 20% off!

The Constitution of Pakistan

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A Contextual Analysis

Sadaf Aziz

This volume provides a contextual account of Pakistan’s constitutional laws and history.  It aims to describe the formal structure of government in reference to origins that are traced to the administrative centralisation and legal innovations of colonial rule.  It also situates the tide of Muslim nationalism that gave rise to the nation of Pakistan within a terrain of nascent constitutionalism and its associated promises of representation. 

The post-colonial history of the Pakistani state is charted by reference to succeeding constitutions and the distribution of powers between the major branches of government that they augured.  Where conventional histories often suggest that constitutionalism in Pakistan is to be solely understood by reference to a cycle of abidance and rupture, and in the oscillation between military and civilian rule, this volume also accounts for the many points of continuity between regime types.  The contours of a broader constitutionalism come to light in the ways in which state power is wielded at different periods and in the range of contests – economic, political and cultural – through which some of this power is sought to be dispersed.  Chapters on Rights, Federalism and Islam detail the contextual features of some of these contests and the normative, legal parameters through which they are provisionally settled.

Sadaf Aziz is Assistant Professor in the Shaikh Ahmed Hassan School of Law at Lahore University of Management Sciences (LUMS).

January 2018   |   9781849465861   |   296pp   |   Paperback   |    RSP: £27   

Discount Price: £21.60

Order online at www.hartpublishing.co.uk – use discount code IACLB at the checkout to get 20% off!

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This entry was posted on January 26, 2018 by in Uncategorized.
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