Decoding the nuances of the normative practice of constitutional borrowings

Shah, Maharshi and Shrotriya, Aadhya (2020) Decoding the nuances of the normative practice of constitutional borrowings. Commonwealth Law Review Journal │, 6. pp. 391-405. ISSN 25813382

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Abstract

Constitutions are not produced in isolation. Rather, they draw on the form, texts and experiences of other constitutional systems of the world. As such, constitution-making is an application of comparative constitutional law. The process of constitution-making includes both the process for making a new constitution or amending an existing constitution as well as the substantive decisions about the design, form and content of the new or amended constitution behind the contours of these constitutional texts, are the most important and persuasive political actors and forces of a given society.

Item Type: Article
Keywords: Comparative Constitutional Law | Constitutional Borrowings | Transplanting of Constitutions | Constitution-Making | International Law | Constitution Drafting | United States Constitution | French Declaration of Rights | Bill of Rights | Modern Common Law States | Indian Constitution
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 29 Mar 2022 09:41
Last Modified: 29 Mar 2022 09:41
URI: https://pure.jgu.edu.in/id/eprint/1924

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