Constitutionalism in South Asia: An Introduction

Comparative law studies, which experienced a substantial evolution in their scope in the past 20 years, still retain some ‘grey areas’. Indeed, several legal experiences remain substantially unexplored, and have received only sporadic attention by comparatists. Such unmapped systems are located predominantly outside the Western world, and are often overlooked by legal scholars. Interestingly, even when they are included in comparative investigations, they are used mostly to confirm models and trends already observed in the development of the Western legal tradition. Today, Asia largely lingers in the twilight zone. The neglect of the Asian continent of comparative legal scholars and studies is strikingly evident when one looks at the global debate on comparative constitutional law. Starting from the aforementioned assumptions, the chapter deals with the constitutional systems of South Asia in a comparative perspective.