Framing religion in constitutional politics: a view from Indian Constitutional Law

2021 ◽  
pp. 19-30
Author(s):  
Mathew John
1989 ◽  
Vol 99 (3) ◽  
pp. 453 ◽  
Author(s):  
Bruce Ackerman

2015 ◽  
Author(s):  
Richard Albert

Scholars of comparative constitutional law would suggest that the United States Constitution is the world’s most difficult democratic constitution to change by formal amendment. This article suggests that the Constitution of Canada may be even harder to amend. Canadian constitutional politics have proven the textual requirements for major constitutional amendment so far impossible to satisfy. But the extraordinary difficulty of formal amendment in Canada derives equally from sources external to the text. Major constitutional amendment also requires conformity with extra-textual requirements imposed by Supreme Court decisions interpreting the Constitution of Canada, parliamentary and provincial as well as territorial statutes, and arguably also by constitutional conventions — additional rules that may well make major constitutional amendment impossible today in Canada. These as yet underappreciated extra-textual sources of formal amendment difficulty raise important questions for Canadian constitutionalism, namely whether in making the Constitution virtually impossible to amend they weaken democracy and undermine the purpose of writtenness.


2019 ◽  
Vol 6 (1) ◽  
pp. 30-47
Author(s):  
Rajgopal Saikumar

The India-Pakistan relationship and its hold over Kashmir is often described by words such asdeadlock, intractability, andstalemate; conveying a geopolitics of “stuckness.” Within conditions of postcolonial era colonialism, and at the intersection of constitutional law and literature, this article explores this stuckness as a jurisdictional crisis. A constitution first and foremost constitutes jurisdictions. Appropriation of land by delimiting the earth, marking out territories, enclosures, boundaries, and visible divisions is the necessary condition for the very possibility of law. How does the Indian constitution constitute the jurisdictional conditions of Kashmir? And how does one read for these jurisdictional conditions in literature? This article is more specifically interested in literary representations of jurisdictional crisis in the contemporary Kashmir novel. It argues that the constitutional politics and history that created the jurisdictional conditions of Kashmir produce a “performance of stuckness” in Kashmir literature.


Author(s):  
Paisol Burlian

It is undeniable that Islam is a universal religion which becomes a blessing for the entire universe. Universality of Islam is evident from multi-aspect, a religious aspect, set the life of mankind, and included the inside of preaching and political aspects of constitutional law. This paper examines how, in practice, where the Prophet Muhammad has implemented a law in constitutional politics in line with the guidance of the Quran, especially the Medina period. When in Mecca, the Prophet, as a religious figure, shows preaching secretly and finally in open. However, in Medina, It is clearly seen that there is an integration of the Prophet Muhammad as the religious figure and statesman. While the Prophet still spreads preachings, the Prophet set the Medina becoming a developed country and then Islam can be spread to the world. Their relationship, ideally demonstrated that politics serve as a tool to carry out the mission of preaching. On the other hand, the preaching must also be able to provide an understanding of the political importance of constitutional law for the advancement of religion and the Muslims and not vice versa; stay away from politics because of the wrong perception or manipulate the preaching for political purposes of constitutional law. To ensure that the constitutional law of political activity is not lost, it should be understood that in the politics of constitutional law, there is a law that must be followed, whereas in law, there are the political aspects of constitutional law should be implemented. It will create synergy between preachings and politics of constitutional law for the realization of the Islam’s glory in national as well as in international. 


1994 ◽  
Vol 26 (4) ◽  
pp. 443-469 ◽  
Author(s):  
ALEC STONE

Case studies of judicial-political interaction during two periods, 1969-1976 in Germany and 1981-1985 in France, illustrate two general points about constitutional politics in both countries. First, constitutional courts are powerful policy makers whose impact on legislative processes and outcomes is multidimensional. These courts are more than simply negative legislators, empowered to veto legislative provisions. They also exercise creative legislative powers: to recast policy-making environments, to encourage certain legislative solutions while undermining others, and to have the precise terms of their decisions written directly into legislative provisions. Second, governments and parliamentarians are often led to behave judicially, to debate and make meaningful decisions about the constitutionality of legislation. In France and Germany, both the making of public policy and the construction of constitutional law are products of sustained and intimate judicial-political interaction.


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