2016/2017

Menaka Guruswamy, D.Phil.

Advocate

New Delhi

Born in 1974 in Hyderabad, India
Studied Law at Oxford University, Harvard Law School and the National Law School of India

Arbeitsvorhaben

Navigating Power and Fear: Enduring Constitutionalism in South Asia

Constitutions conceive, craft and define nations. This is especially true when countries have emerged from colonialism or conflict. Often, the new constitution and the constitution-making process act as ends of civil wars and revolutions. The constitution-making process must enable the regulation of power and the mitigation of fears.
The crafting of the constitution must also facilitate conversations around a vision for a new country. For instance, the Indian Constitution, more than any other constitution, epitomises how a constitution can conceive of a "new" society, even if a people and a culture have existed for thousands of years.
This project, by examining the experiences of India, Pakistan and Nepal amongst other South Asian countries, hopes to contribute to an understanding of why certain "people" make enduring constitutions. It also seeks to appreciate the role that forms of constitution-making processes, religion, the military, the choice of government and the judiciary play in the successful constitutional democracies of South Asia. By doing so, it hopes to contribute to an understanding of what enables South Asian countries to craft enduring constitutionalism.

Recommended Reading

Guruswamy, Menaka. "Assembly and Association." In Oxford Handbook of Indian Constitutional Law, edited by Sujit Choudhury, Madhav Khosla and Pratap Bhanu Mehta. New York: Oxford University Press, 2016.
-. "Crafting Constitutional Values: An Examination of the Supreme Court of India." In An Inquiry into the Existence of Global Values, edited by Dennis Davis, Alan Richter and Cheryl Saunders. Oxford: Hart/Bloomberg, 2015.
-. "In Wake of Peshawar, India Must Resist Demands to Step Towards the Darkness of Dogma." Scroll.in (December 19, 2014).