Origins and Pathways of Constitutionalism (original) (raw)

2020

Abstract

The paper is part of the forthcoming volume 'Constitutional Democracy in the European Union and India: Comparing the Law of Demcoracy in Contintental Polities' (Elgar 2021, eds. P. Dann & A. Thiruvengadam). The present chapter reflects on the origins and pathways of Indian and European constitutionalism. With the concept of constitutionalism, the authors make reference to a practical discourse involving both professional actors and laymen regarding the legal foundations of the respective polity – its constitution. Both India and Europe have developed their own brands of constitutionalism, neither of which replicates the blueprints of ‘limited government’ or ‘popular sovereignty’ drawn by the American or French revolutions. The main argument of this chapter concerns the role of judicial institutions. Undisputedly, both the Indian Supreme Court and the European Court of Justice have played a crucial role in shaping their respective constitutional orders. However, the authors c...

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