{"title":"通过地区视角重新配置全球宪政","authors":"R. Abeyratne","doi":"10.1017/S2045381720000234","DOIUrl":null,"url":null,"abstract":"Abstract This article examines how global constitutional norms are received and reconfigured by South Asian judiciaries. It makes two central claims. First, it argues that India, as the largest state in the region, acts as a filter through which Bangladesh and Sri Lanka receive both structural and rights-based global norms. Second, it contends that Bangladeshi and Sri Lankan courts adopt distinct approaches to the Indian case law. While Bangladesh mostly converges with the Indian jurisprudence, Sri Lanka engages with it but does not wholly adopt its conclusions. The article puts forward a preliminary explanation for these distinct approaches based on differences in the constitutional structures and political histories of Bangladesh and Sri Lanka vis-à-vis India.","PeriodicalId":37136,"journal":{"name":"Global Constitutionalism","volume":"10 1","pages":"331 - 350"},"PeriodicalIF":0.8000,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Global constitutionalism reconfigured through a regional lens\",\"authors\":\"R. Abeyratne\",\"doi\":\"10.1017/S2045381720000234\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract This article examines how global constitutional norms are received and reconfigured by South Asian judiciaries. It makes two central claims. First, it argues that India, as the largest state in the region, acts as a filter through which Bangladesh and Sri Lanka receive both structural and rights-based global norms. Second, it contends that Bangladeshi and Sri Lankan courts adopt distinct approaches to the Indian case law. While Bangladesh mostly converges with the Indian jurisprudence, Sri Lanka engages with it but does not wholly adopt its conclusions. The article puts forward a preliminary explanation for these distinct approaches based on differences in the constitutional structures and political histories of Bangladesh and Sri Lanka vis-à-vis India.\",\"PeriodicalId\":37136,\"journal\":{\"name\":\"Global Constitutionalism\",\"volume\":\"10 1\",\"pages\":\"331 - 350\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2021-07-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Global Constitutionalism\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/S2045381720000234\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Constitutionalism","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/S2045381720000234","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Global constitutionalism reconfigured through a regional lens
Abstract This article examines how global constitutional norms are received and reconfigured by South Asian judiciaries. It makes two central claims. First, it argues that India, as the largest state in the region, acts as a filter through which Bangladesh and Sri Lanka receive both structural and rights-based global norms. Second, it contends that Bangladeshi and Sri Lankan courts adopt distinct approaches to the Indian case law. While Bangladesh mostly converges with the Indian jurisprudence, Sri Lanka engages with it but does not wholly adopt its conclusions. The article puts forward a preliminary explanation for these distinct approaches based on differences in the constitutional structures and political histories of Bangladesh and Sri Lanka vis-à-vis India.