VRÜ Verfassung und Recht in Übersee

This overview article introduces the special issue on “Varieties of Constitutionalism: Contestations of Liberalism in Comparative Constitutional Law”, which concludes a collaborative research project with the same theme. The project mapped...

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...

There are currently two contrasting ways of narrating the Indian and South African constitutional transitions. The first contends that they were moments when liberal constitutionalism was adapted to the circumstances of the Global South. In contrast...

This comment takes up the invitation to critically engage Theunis Roux’s paper “Grand Narratives of Transition and the Quest for Democratic Constitutionalism in India and South Africa”, focusing only on the latter of his two subject countries....

Theunis Roux’s “Grand Narratives of Transition and the Quest for Democratic Constitutionalism in India and South Africa” is an important piece of comparative constitutional scholarship that will be of interest not only to scholars of the...

Constitutionalism has been in crisis in India and in South Africa in recent times. Theunis Roux, a South African comparative constitutional scholar who has also written extensively on the Indian constitutional experience, is particularly well-placed...

Studies of constitutionalism in the Global South often chart the rise and achievements of liberal constitutionalism. In this contribution, I suggest that we also need to consider the decline of constitutional democracy as part of studies of...

To grant the Muslim majority princely state of Jammu and Kashmir (J&K) a special accommodation in the Indian context via Article 370 had been a novel constitutional experiment. The negotiations between the ruler of the state and the government...

The unilateral abrogation of Article 370 on August 5, 2019, by the Government of India signalled the culmination of the constitutional erosion in Jammu & Kashmir (J&K). This move, now endorsed by the Indian Supreme Court, prompts a...

Like other mandatory Human Rights Due Diligence (mHRDD) laws, the German Supply Chain Law, the Lieferkettensorgfaltsplichtengesetz (LkSG), imposes a number of due diligence obligations on covered companies geared towards protection of human rights...

This article deals specifically with the current phenomenon of the judicialisation of social rights in Brazilian and German Constitutional Courts, taking as practical example the right to health. A progressive increase in the number of lawsuits in...

Constitutional patriotism is a concept that developed as a political theory in the German postwar period, in which instead of the nation and the formal mentioning of a common ethnic identity, the state in the form of a plural and liberal...

On 5 August 2019, a radical change was made to Article 370 in the Constitution of India. The provision had been popularly represented to safeguard the autonomy of Jammu & Kashmir. This change was also accompanied by what can best be described...

This special issue demonstrates the importance of attending to the reception of constitutional concepts in overlapping transnational and local contexts and, for Africans including South Africans, the importance of attending to the economic...