The Constitution of India: Popular Sovereignty and Democratic Transformations

Paperback | November 28, 2010

bySarbani Sen

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The relationship between constitutionalism and popular sovereignty in the Indian context is the critical focus of this original work in political theory, jurisprudence, and constitutionalism. This intellectually rigorous and elegantly argued book examines fundamental issues about the basic lawof the land. The author contends that it is necessary to go beyond viewing democracy merely as the vesting of fundamental authority in institutions of elected representatives. She examines the founding of the Indian constitution and the emergence of its text in the background of the ideas of leadingconstitutional law theorists, such as Habermas and Ackerman. The author suggests that the constitution can be more meaningfully understood by adopting a more complex concept of democracy-one that is able to distinguish between popular sovereign power in the hands of the people themselves, and in those of their agents in government. She establishes thatunderlying the bedrock doctrine of the basic structure of the constitution, are fundamental questions about the relationship between constitutionalism and popular sovereignty. The text is a conscious effort to institutionalize the country's revolutionary experience during its anti-colonialstruggle.

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The relationship between constitutionalism and popular sovereignty in the Indian context is the critical focus of this original work in political theory, jurisprudence, and constitutionalism. This intellectually rigorous and elegantly argued book examines fundamental issues about the basic lawof the land. The author contends that it is...

Sarbani Sen received her PhD at Yale Law School and practiced law at the Calcutta High Court. She was a Graham Fellow at the Faculty of Law, University of Toronto and Research Associate at the Centre for Refugee Studies, York University, Toronto. Currently she is a member, Articling class, 2010-2011, Blake, Cassels and Graydon LLP.

other books by Sarbani Sen

Format:PaperbackDimensions:224 pagesPublished:November 28, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198071604

ISBN - 13:9780198071600

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Table of Contents

IntroductionPart I: Conceptualizing the Idea of Popular Sovereignty1. The Beginning of the Idea2. Developing the Relationship between Popular Sovereignty and ConstitutionalismPart II: Constructing a Sovereign Political Identity: the Indian Founding1. Constitution and Revolution2. Creating a United Political Community3. Redefining Popular SovereigntyConclusionPart III: Renewing the Idea of Popular Sovereignty: Post- founding Transformations