Skip to main content Accessibility help
×
Hostname: page-component-76fb5796d-vvkck Total loading time: 0 Render date: 2024-04-29T02:42:36.742Z Has data issue: false hasContentIssue false

17 - South Asia

from Part II - Legal Families and Geographical Comparisons

Published online by Cambridge University Press:  26 January 2024

Mathias Siems
Affiliation:
European University Institute, Florence
Po Jen Yap
Affiliation:
The University of Hong Kong
Get access

Summary

This chapter examines the development of public law in South Asia: a legal family that has been defined by its history of British colonialism and continued adherence to the common law legal tradition. It traces the evolution of constitutionalism in four countries – India, Bangladesh, Pakistan and Sri Lanka – since their independence from Britain, focusing on two common regional themes. The first is the judicialisation of politics through the adoption (or at least consideration) of the basic structure doctrine, which permits courts to define and enforce implicit limits on constitutional amendments. The second is the centralisation (and abuse of) executive power, which has imperilled democratic rule in all four countries. While neither of these developments is specific to South Asia, the interplay between them, resulting in separate spheres of unchecked judicial and executive domination, is perhaps unique to the region and warrants further attention from comparative scholars.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2024

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • South Asia
  • Edited by Mathias Siems, European University Institute, Florence, Po Jen Yap, The University of Hong Kong
  • Book: The Cambridge Handbook of Comparative Law
  • Online publication: 26 January 2024
  • Chapter DOI: https://doi.org/10.1017/9781108914741.020
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • South Asia
  • Edited by Mathias Siems, European University Institute, Florence, Po Jen Yap, The University of Hong Kong
  • Book: The Cambridge Handbook of Comparative Law
  • Online publication: 26 January 2024
  • Chapter DOI: https://doi.org/10.1017/9781108914741.020
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • South Asia
  • Edited by Mathias Siems, European University Institute, Florence, Po Jen Yap, The University of Hong Kong
  • Book: The Cambridge Handbook of Comparative Law
  • Online publication: 26 January 2024
  • Chapter DOI: https://doi.org/10.1017/9781108914741.020
Available formats
×