Constitutionalism after Empire (LAWS90142)

This subject seeks to provide an overview of the theory and practice of constitutionalism in four countries in South and South East Asia: India, Indonesia, Singapore and Sri Lanka. Two of these are among the largest, most pluralistic nations in the world, while the remaining two are small island states. All four nations experienced long periods of colonial rule, which continues to have a decisive impact on their post-colonial legal and constitutional orders. The experience of colonialism contrasts quite starkly from those nations which were settler colonies, and this is an important focus of the course. In each of these nations, discussions about constitutionalism have become enmeshed within larger societal debates about economic development, cultural values, and human rights. The subject instructor has first-hand experience of research and teaching constitutional law in two of the four jurisdictions.

Principal topics include:

• Brief overview of the field of comparative constitutionalism, and methodological approaches to the discipline
• A broad introduction to the four jurisdictions, covering national histories, and their economic, social and political dimensions
• A focus on the colonial experience in the four jurisdictions and the nature of the colonial economy, and its politics
• The process of decolonization and the constitutional politics that was engendered as a result
• An examination of the post-colonial Constitutions adopted in these countries, with an emphasis on rights provisions
• Broad overview of post-colonial trajectories of the four jurisdictions, and their assessments by scholars
• The policies of economic development that were followed and the impact on constitutional politics
• Debates about culture, human rights and ‘Asian Values’.