@article{2024:chandra:detangling,
title = {Detangling Knots in the Narratives: A Response to Theunis Roux},
year = {2024},
note = {In his insightful paper, Theunis Roux argues that there are two
dominant narratives about the constitutional transitions in India and
South Africa. The Liberal Progressivist Narrative (“LPN”),
understands these constitutions as the application of Western liberal
ideas to the context of the global South. The repurposing of
universally valid (but of Western origin) liberal constitutionalism to
serve the interests of the global south does involve some development
and innovation, but these departures represent differences of degree
not of kind. Reliance on liberal constitutional ideals and devices in
framing post-colonial non-Western constitutions is legitimate because
– to borrow from Alexander Hamilton - Indians and South Africans
adopted variations of liberal constitutionalism by ‘reflection and
choice … not accident and force.’ They exercised
political/intellectual agency and sovereign will in making these
ideas, values and institutions work for their circumstances. Thus,
these constitutions are legitimate both because of their adherence to
‘universal’ reason, as well as their authorization by popular
will. Where these constitutions do not work as intended, they can be
changed through incremental means routed through constitutionally
approved institutional channels such as constitutional amendments and
judicial (re-) interpretations.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {114--126},
author = {Chandra, Aparna},
volume = {57},
number = {1}
}