Mapping The Constitution

Contributors

Tasnim Binta Mukhlis is LL.M candidate at South Asian University, New Delhi.
Anupa Aryal is LL.M candidate at South Asian University, New Delhi.
Naznin Rasinna H is LL.M candidate at South Asian University, New Delhi.
Mohd Imran is LL.M candidate at South Asian University, New Delhi.

About
The Constitution is the body of doctrines and practices that form the fundamental organizing principle of a political state. In this series we will explore and analyze the contents of different constitutions (only written ones) and bring to you some interesting findings about the similarities and differences of these constitutions. The research methodology followed is quantitative and comparative.

1. Reference to country’s history in the preamble of modern constitutions
In this article we will examine the contents of the preambles of 45 modern constitutions, adopted in the year 2000 onward. A preamble contains several elements such as, reference to country’s history, reference to God/deity, International Law, International Organizations, International Human Rights Treaties, political thought, environment etc. In this article we will only focus on the reference to country’s history.

2. Modern Constitutions- Secular or Religious?
In this article we will analyse the reference of God or deity in the preamble of modern constitutions and the nature of the State, i.e., Secular or theocratic. We will also look forward to see as to whether these constitutions also declare the State as a secular country along with specifically referring to God or deity in the preamble of the constitution.

3. Locating the Customary International Law in the Constitutions Around the Globe
The central idea of this study is to locate the expression on ‘customary international law’ in the constitutions around the globe. Needless to say, there is no uniformity in the constitutions on the expression used to refer to the customary international law. Some of the expressions are so nuanced that they may not fit in any of the sources of international law referred to in Article 38 of the Statute of the ICJ.



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