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Democratic Constitutionalism in India and the European Union
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Democratic Constitutionalism in India and the European Union

Comparing the Law of Democracy in Continental Polities

9781789901566 Edward Elgar Publishing
Edited by Philipp Dann, Professor of Public and Comparative Law, Humboldt University Berlin, Germany and Arun K. Thiruvengadam, Professor, Azim Premji University, Bengaluru, India
Publication Date: 2021 ISBN: 978 1 78990 156 6 Extent: 320 pp
Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.

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Critical Acclaim
Contributors
Contents
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Comparing the structures and challenges of democratic constitutionalism in India and the European Union, this book explores how democracy is possible within vastly diverse societies of continental scale, and why a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. It contributes to an emerging comparative discussion on structures of power, separation of powers and a comparative law of democracy, which has long been neglected in comparative constitutional studies.
 
This timely and invigorating book showcases a novel comparative approach termed ‘slow comparison’, counters the conceptual focus on nation-states in comparative studies and develops a broader understanding of democratic constitutionalism. In the context of the contemporary crisis of constitutional democracy, triggered by populism, majoritarianism and authoritarianism, chapters continue older ongoing debates about multiculturalism, identity politics and democratic equality that hold important insights for both India and the EU to deal with contemporary challenges.
 
This book will be an important read for scholars of comparative constitutional law and theory. It will also benefit those studying EU law and Indian constitutional law.
Critical Acclaim
‘Democratic Constitutionalism in India and the European Union represents a long overdue contribution to the incipient debate about the world’s most populous democracy and the world’s most successful single market. What is particularly remarkable is the earnestness of the approach taken by the authors. Rather than papering over the differences between the two comparators, they embrace them and seek to distil lessons Europeans may be able to learn from Indians, and vice versa.’
– Sascha Hardt and Prashant Sabharwal, EU Law Live

‘This book on comparative constitutional law enters new ground in various ways. It compares a big and socio-culturally very diverse state, which has outgrown the traditional concept of the nation-state, and a big and also very diverse political entity composed of nation-states, which has outgrown the traditional concept of a supranational organization. In addition, it is a rare example of a North-South comparison. And it proposes a new methodological approach to comparative constitutionalism, called “slow comparison”. With all these assets the book promises to considerably enrich the territorial scope and the methodological instruments of comparative research in constitutional law.’
– Dieter Grimm, Former Justice of the Federal Constitutional Court of Germany and Humboldt University of Berlin, Germany

‘This book is a remarkable achievement towards a truly reflective, collaborative and critical endeavor in reinforcing north-south dialogue on democratic constitutionalism. It fills an important gap in comparative law scholarship and thinking by bringing together two worlds that although may have had very different trajectories and histories, contain much that allows for interpretative learning and practice.’
– Armin von Bogdandy, Max Planck Institute for Comparative Public Law and International Law, Germany

‘Engaging the respective EU-India institutions and the “urgency” to find “sources of resilience and survival”, Philipp Dann and Arun Thiruvengadam invite rigorous thinking on difficult themes such as futures of democracy, representation, pluralism, equality, rights, and juridification. This immensely thought-provoking anthology bristles with critical insights, locating even “ultimate saviours”, in doing comparative law and jurisprudence.’
– Upendra Baxi, University of Warwick, UK
Contributors
Contributors: Aditi, Pritam Baruah, Jürgen Bast, Gautam Bhatia, Sigrid Boysen, Aparna Chandra, Emilios Christodoulidis, Philipp Dann, Michaela Hailbronner, Smarika Lulz, Michael Riegner, Naveen Thayyil, Arun K. Thiruvengadam, Uwe Volkmann, Jelena von Achenbach
Contents
Contents:

1 Comparing constitutional democracy in the European
Union and India: an introduction 1
Philipp Dann and Arun K. Thiruvengadam

PART I CONCEPTUAL CONTEXTS
2 Concepts of democracy 43
Pritam Baruah and Uwe Volkmann
3 Origins and pathways of constitutionalism 75
Jürgen Bast and Arun K. Thiruvengadam
4 Equality and diversity in constitutional discourses 104
Sigrid Boysen and Aparna Chandra

PART II SELECT ISSUES
5 Electoral systems and representation 137
Aditi and Jelena von Achenbach
6 Political parties and social movements 162
Michaela Hailbronner and Naveen Thayyil
7 Freedom of expression and hate speech 191
Smarika Lulz and Michael Riegner
8 Social rights 223
Gautam Bhatia and Emilios Christodoulidis
9 Federalism and democracy 252
Philipp Dann and Arun K. Thiruvengadam

Index

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