The
backdrop to the book - a
comparative study of several countries across three continents - is the
understanding that every good constitution rigorously separates the
legislature, executive, and judiciary from one another to guarantee the
independence of each of these powers, such that this separation results
in life, liberty and security. However, the constitution also
symbolises and produces power. As such, constitutionalism as a
political culture of laws should therefore explain the dynamics of
power. In viewing the constitutions together with the societies in which they emerge, this study shows how institutional practices originating from a legal text create a matrix of power that owes its life neither to a contract between men, nor between the state and men, nor even between the society and men, but rather to relations established, organised, and formalised by laws. It seeks to investigate how power acts on power, and is a revealing account of how the theory of separation is both a myth and a reality. R.S. |
Introduction
Ranabir Samaddar
The
Exception and the Rule: On French Colonial Law
Olivier Le Cour Grandmaison
Law
and Terror in the Age of Constitution-Making
Ranabir Samaddar
The
Silent Erosion: Anti-Terror Laws and Shifting Contours of Jurisprudence
in India
Ujjwal Kumar Singh
The
Post-Communist Revolution in Russia and the Genesis of Representative
Democracy
Artemy Magun
The
Acts and Facts of Women's Autonomy in India
Paula Banerjee
The
Limits of Constitutional Law: Public Policies and the Constitution
Virgilio Afonso da Silva
Regulation
of the Particular and Its Socio-Political Effects
Rastko Močnik
Constitutionalism
in Pakistan: The Lingering Crisis of Dyarchy
Mohammad Waseem