Fantasy constitutions

نویسندگان

چکیده

Abstract In his final speech as chair of the assembly that drafted India's Constitution, Dr. B.R. Ambedkar described a contradiction between formal equality Constitution guaranteed and country's socioeconomic inequality. This article follows two interpretive traditions Constitution: first, developed by Supreme Court in challenging land reform legislation, is doctrine “basic structure” which holds has an intrinsic, unamendable form. The second, low-caste forest rights movement Uttar Pradesh, that, because Ambedkar's role its drafting, true grants lower castes both sovereignty. Each tradition, I argue, posits fantasy constitution resolves contradiction, claiming to represent founding constituent order enact entirely different political visions.

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ژورنال

عنوان ژورنال: Focaal

سال: 2023

ISSN: ['1558-5263', '0920-1297']

DOI: https://doi.org/10.3167/fcl.2022.012403