Constitutionalism old and new: Market economy, the "constitutional moment" and new technocratic regulatory institutions in liberalizing India

Sorout, Himanshu (2020) Constitutionalism old and new: Market economy, the "constitutional moment" and new technocratic regulatory institutions in liberalizing India. Supremo Amicus, 22. pp. 319-336. ISSN 2456-9704

[thumbnail of Sorout2020.pdf] Text
Sorout2020.pdf - Published Version
Restricted to Repository staff only

Download (1MB) | Request a copy

Abstract

The present project was commenced to study the onset of technocratic regulation of the market economy in India and its relationship to forms of Reform. The study provides a detailed descriptive and analytical account of the intellectual foundations and actual operation of constitutional authority alongside its Extra-Constitutional Administrative Cousin, its failings, and the "constitutional moment" in the early '90s which offered the impetus and the opportunity for the construction of the new autonomous regulatory state - also on a foundation of extra-constitutional administrative entities. This analysis is done over the background of the history and development of constitutionalism both in its more recent modernist reinvention in the European enlightenment as well as the ancient roots of the Greek City-States and the Roman Republic. The study sets out a framework for the purposes of finding and elaborating the nature of the transformation from the extra-constitutional command economy to the autonomous regulatory bodies managing the emergent and resurgent free market i.e. it sets out a hierarchy of transformation along the axis of the transformation in degree versus the transformation in kind i.e. subordinate or superordinate transformation and finds the former to be characteristic of India's new regulatory state rather than the latter.

Item Type: Article
Keywords: Market economy-India | Constitutional moment
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 30 Mar 2022 07:20
Last Modified: 30 Mar 2022 07:20
Official URL: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?han...
URI: https://pure.jgu.edu.in/id/eprint/1980

Downloads

Downloads per month over past year

Actions (login required)

View Item
View Item