This chapter examines the 1950 Constitution of India as an original paradigm of postcolonial constitutional engineering. It first analyses the models of colonial rule experienced under the British Raj, Direct and Indirect Rule, also in contrast with Iberian colonial models, highlighting their different cryptotypical legacies. It then reconstructs the work of the Constituent Assembly, stressing its plural composition. Finally, it outlines the comparative features of Indian constitutional grammar (flexibility, pragmatism and hybridisation), arguing that India re-signified Western legal tools into an authentically decolonial language, a distinctive feature of the autochthonous constitutionalism of the Global South.
La Costituzione dell’India tra crittotipi coloniali e autoctonia costituzionale
Enrico BUONO
2024-01-01
Abstract
This chapter examines the 1950 Constitution of India as an original paradigm of postcolonial constitutional engineering. It first analyses the models of colonial rule experienced under the British Raj, Direct and Indirect Rule, also in contrast with Iberian colonial models, highlighting their different cryptotypical legacies. It then reconstructs the work of the Constituent Assembly, stressing its plural composition. Finally, it outlines the comparative features of Indian constitutional grammar (flexibility, pragmatism and hybridisation), arguing that India re-signified Western legal tools into an authentically decolonial language, a distinctive feature of the autochthonous constitutionalism of the Global South.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


