Book Review: Anuj Bhuwania, Courting the People: Public litigation in Post Emergency India

Anuj Bhuwania, Courting the People: Public litigation in Post Emergency India. Delhi: Cambridge University Press. 2017. 166 pages. ₹495.

Popular Constitutionalism and the Constitutional Meaning of Charter 08

This chapter places Charter 08 in the comparative and historical context of popular constitutionalism. Popular constitutionalism appeals to the understanding of generations of people who make use of, and give meaning to, the constitutional text. It also speaks to the tension and dialogue between the popular and official components in the constitutional development. Putting it in the Chinese context, this chapter traces the growth of popular constitutionalism from the trial of the Gang of Four, the creeping Parliamentarianism, and public litigation and petition. Significantly, popular constitutionalism continues to evolve and develop in the form of online and offline citizen activism even though it is facing the post-2005 crackdown. Charter 08 is part of the evolving popular constitutionalism in China and its significance lies in its ability to broaden and free the epistemological space.