Comparing constitutional democracy in the European Union and India: an introduction

Abstract

This chapter introduces a volume that aims to fill an astonishing gap in the burgeoning literature on comparative constitutional studies: a comparison of democratic constitutionalism in India and the EU. It posits that while these two polities seem hard to compare at first sight (a state in the Global South and a regional organization in the Global North), they share a certain socio-political quality as continental polities beyond the conventional understanding (and size) of nation-states. And equally importantly, they share a core belief and a normative anchor – that democracy is possible even in vastly diverse societies of continental scale and that a constitutional framework is best able to secure the ideals of collective autonomy and individual dignity. Against this background, the chapter sketches the larger context of the underlying research project and its three larger aims: to start a comparative conversation about Indian and European experiences of constitutionalism; to showcase a comparative approach that we call ‘slow comparison’; and to deepen our understanding of democratic constitutionalism and the law of democracy in multinational and socio-culturally diverse polities.