World Constitution by Vishnoo Bhagwan: A Comprehensive and Critical Study of Various Constitutions

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World Constitution by Vishnoo Bhagwan: A Comparative Study of Political Systems

Have you ever wondered how different countries are governed and what are the principles and rules that guide their political systems? If yes, then you might be interested in reading World Constitution by Vishnoo Bhagwan, a book that provides a comprehensive and comparative analysis of various constitutions around the world. In this article, we will give you an overview of the book, its main themes and arguments, its strengths and weaknesses, and its relevance and contribution to the field of political science. We will also answer some frequently asked questions about the book and its author.

Introduction

A constitution is a fundamental document that defines the basic structure, functions, powers, and limits of a political system. It also reflects the values, ideals, and aspirations of a nation or a group of people. Constitutions are essential for ensuring democracy, rule of law, human rights, and good governance. However, not all constitutions are alike. Different countries have different types of constitutions, such as written or unwritten, rigid or flexible, federal or unitary, presidential or parliamentary, etc. Moreover, different constitutions have different histories, contexts, influences, and outcomes.

Therefore, it is important to study and compare different constitutions to understand how they work in practice and what are their advantages and disadvantages. Comparative constitutional studies can help us learn from the experiences and best practices of other countries, identify common problems and solutions, evaluate the performance and legitimacy of our own political systems, and promote dialogue and cooperation among nations.

What is a constitution?

Definition and types of constitutions

A constitution can be defined as a set of rules that establish the basic organization, procedures, rights, and duties of a political system. A constitution can be written or unwritten, depending on whether it is codified in a single document or derived from various sources such as laws, customs, conventions, judicial decisions, etc. For example, the United States has a written constitution that was adopted in 1787 and amended 27 times since then. The United Kingdom has an unwritten constitution that is based on statutes, common law, traditions, etc.

A constitution can also be rigid or flexible, depending on how easy or difficult it is to amend it. A rigid constitution requires a special procedure or a supermajority vote to change it. A flexible constitution can be amended by ordinary legislation or a simple majority vote. For example, India has a rigid constitution that requires a two-thirds majority in both houses of parliament and ratification by at least half of the states to amend it. New Zealand has a flexible constitution that can be changed by an act of parliament or a referendum.

A constitution can also be federal or unitary, depending on how power is distributed between the central government and the subnational units such as states or provinces. A federal constitution divides power between two levels of government that are both sovereign in their own spheres. A unitary constitution concentrates power in one level of government that can delegate or revoke authority to subnational units. For example, Canada has a federal constitution that grants certain powers to the federal government and certain powers to the provincial governments. France has a unitary constitution that gives all powers to the central government.

Functions and features of constitutions

A constitution performs several functions for a political system. Some of these functions are:

It creates the institutions of government such as the executive, legislative, judicial branches and defines their roles and responsibilities.

It distributes power among different levels and organs of government and establishes checks and balances to prevent abuse or concentration of power.

It protects the rights and freedoms of citizens and guarantees equality before the law.

It regulates the relationship between the state and society and sets out the principles and values that guide public policy.

It provides stability and continuity to the political system and enables change through amendment or interpretation.

A constitution also has certain features that distinguish it from other types of laws or rules. Some of these features are:

It is supreme or higher than other laws and cannot be contradicted or overridden by ordinary legislation.

It is authoritative or accepted as legitimate by most people who are bound by it.

It is comprehensive or covers all aspects of the political system.

It is coherent or consistent with itself and with other sources of law.

It is adaptable or responsive to changing circumstances and needs.

Why compare constitutions?

Benefits and challenges of comparative constitutional studies

Comparative constitutional studies is a branch of political science that examines how different countries design, implement, and interpret their constitutions. It aims to understand the similarities and differences among various constitutional systems and their effects on political outcomes and processes. Comparative constitutional studies has several benefits for scholars, practitioners, and citizens. Some of these benefits are:

It helps us gain knowledge and insight into different political cultures, traditions, and experiences.

It helps us evaluate the strengths and weaknesses of our own constitutional system and identify areas for improvement or reform.

It helps us learn from best practices and innovations of other countries and adopt or adapt them to our own context and needs.

It helps us foster dialogue and cooperation among nations and promote mutual understanding and respect.

However, comparative constitutional studies also faces several challenges and limitations. Some of these challenges are:

It is difficult to find reliable and comparable data and sources on different constitutions and their implementation.

It is difficult to account for all variables and factors that influence constitutional design, performance, and change.

It is difficult to avoid bias or ethnocentrism when comparing different constitutional systems and their outcomes.

It is difficult to generalize or draw universal conclusions from specific cases or contexts.

Methods and approaches of comparative constitutional analysis

To overcome some of these challenges, comparative constitutional scholars use various methods and approaches to conduct their research. Some of these methods and approaches are:

Historical method: This method traces the origins, development, and evolution of constitutions over time. It analyzes how historical events, circumstances, and actors shaped constitutional choices and changes. For example, a historical study might examine how colonialism, independence movements, or revolutions influenced constitutional formation or transformation in different countries.

Institutional method: This method focuses on the formal structures, procedures, and rules that constitute a political system. It analyzes how institutions affect political behavior, outcomes, and processes. For example, an institutional study might compare how presidentialism, parliamentarism, or federalism affect democratic performance, accountability, or representation in different countries.

Normative method: This method evaluates constitutions based on certain standards, criteria, or values. It analyzes how constitutions promote or hinder certain goals, principles, or rights. For example, a normative study might assess how constitutions protect human dignity, equality, or justice in different countries.

Critical method: This method challenges existing assumptions, perspectives, World Constitution by Vishnoo Bhagwan: An overview

About the author and his background

Vishnoo Bhagwan is a renowned Indian scholar and author who has written extensively on political science, international relations, and constitutional law. He was born in 1929 and obtained his PhD from Banaras Hindu University. He has taught at various universities in India and abroad, such as Delhi University, Jawaharlal Nehru University, University of California, Berkeley, and University of Hawaii. He has also served as a visiting fellow at Harvard University, Oxford University, and Columbia University. He has received several awards and honors for his academic achievements, such as the Padma Shri, the Shastri Indo-Canadian Fellowship, and the Fulbright Fellowship.

Scope and structure of the book

World Constitution by Vishnoo Bhagwan is a comprehensive and comparative study of various constitutions around the world. It was first published in 1987 and has been revised nine times since then. The latest edition was published in 2014 by Sterling Publishers Pvt. Ltd. The book covers 12 countries that represent different types of constitutional systems, such as parliamentary democracies (UK, Japan, Canada, Australia), presidential democracy (USA), socialist democracy (China), direct democracy (Switzerland), and mixed democracy (India). The book also includes a chapter on the Constitution of the Russian Federation, which replaced the former Soviet Union.

The book is divided into 13 chapters, each focusing on one country and its constitution. Each chapter follows a similar format that consists of the following sections:

Historical background: This section provides a brief overview of the historical events and factors that led to the formation or transformation of the constitution.

Nature of the constitution: This section describes the type and features of the constitution, such as written or unwritten, rigid or flexible, federal or unitary, etc.

The executive: This section analyzes the structure, functions, powers, and accountability of the executive branch of government, such as the president, prime minister, cabinet, etc.

The legislature: This section examines the composition, functions, powers, and accountability of the legislative branch of government, such as the parliament, congress, senate, etc.

The judiciary: This section evaluates the structure, functions, powers, and independence of the judicial branch of government, such as the supreme court, high court, lower courts, etc.

Local government: This section explores the role, status, and functions of subnational units of government, such as states, provinces, municipalities, etc.

Political parties: This section discusses the nature, organization, and functions of political parties and their impact on constitutional politics.

Pressure groups: This section investigates the types, activities, and influence of interest groups and social movements on constitutional issues.

Evaluation: This section summarizes the main strengths and weaknesses of the constitutional system and its performance.

Bibliography: This section lists the sources and references used in the chapter.

Main themes and arguments of the book

The book has several themes and arguments that run through its chapters. Some of these themes and arguments are:

Constitutions are dynamic and evolving: The book shows how constitutions change over time in response to historical events, social changes, political demands, or judicial interpretations. It also shows how constitutions influence and are influenced by other aspects of political systems, such as institutions, actors, processes, and outcomes.

Constitutions are diverse and complex: The book illustrates how constitutions vary across countries in terms of their type, features, content, and effects. It also demonstrates how constitutions have multiple dimensions and layers that need to be considered holistically and contextually.

Constitutions are normative and evaluative: The book evaluates constitutions based on certain standards or criteria that reflect certain values or goals. It also assesses how constitutions promote or hinder democracy, rule of law, human rights, good governance, etc.

Constitutions are comparative and dialogical: The book compares constitutions across countries to identify similarities and differences among them. It also encourages dialogue and cooperation among nations to learn from each other's experiences and best practices.

World Constitution by Vishnoo Bhagwan: A critical review

Strengths and weaknesses of the book

World Constitution by Vishnoo Bhagwan is a well-written and well-researched book that offers a comprehensive and comparative analysis of various constitutions around the world. The book has several strengths that make it a valuable and authoritative source for students, scholars, practitioners, and citizens who are interested in constitutional studies. Some of these strengths are:

The book covers a wide range of countries that represent different types of constitutional systems, such as parliamentary democracies, presidential democracy, socialist democracy, direct democracy, and mixed democracy. The book also includes a chapter on the Constitution of the Russian Federation, which replaced the former Soviet Union.

The book follows a similar format for each chapter that consists of historical background, nature of the constitution, the executive, the legislature, the judiciary, local government, political parties, pressure groups, and evaluation. This makes it easy for readers to compare and contrast different constitutional systems and their features.

The book provides a balanced and objective assessment of each constitutional system and its performance. The book identifies the strengths and weaknesses of each system and evaluates them based on certain standards or criteria that reflect certain values or goals. The book also discusses the challenges and opportunities that each system faces in the contemporary world.

The book draws on various sources and references from eminent authorities on the subject. The book also provides a bibliography for each chapter that lists the sources and references used in the chapter. This makes it easy for readers to verify and further explore the information and arguments presented in the book.

However, the book also has some weaknesses or limitations that need to be acknowledged and addressed. Some of these weaknesses or limitations are:

The book is outdated and does not reflect the latest developments and changes in some of the constitutional systems covered in the book. The book was last revised in 2014, which means that it does not include the recent amendments, reforms, or challenges that some of the constitutions have undergone or faced since then. For example, the book does not cover the Brexit referendum and its implications for the UK constitution, the impeachment trials and controversies of Donald Trump and his impact on the US constitution, or the ongoing protests and conflicts in Hong Kong and their impact on the Chinese constitution.

The book is selective and does not cover all aspects or dimensions of each constitutional system. The book focuses mainly on the formal structures, procedures, and rules that constitute a political system, but does not pay much attention to the informal practices, norms, and cultures that also shape a political system. For example, the book does not explore how social movements, civil society, media, religion, ethnicity, gender, or class affect constitutional politics and outcomes.

The book is descriptive and does not provide much theoretical or analytical framework for comparative constitutional studies. The book explains how different constitutional systems work in practice, but does not explain why they work that way or how they can be improved or changed. The book also does not engage with or critique existing theories or paradigms of comparative constitutional studies, such as liberal constitutionalism, constitutional pluralism, constitutional identity, constitutional culture, etc.

Relevance and contribution of the book to the field of political science

Despite its weaknesses or limitations, World Constitution by Vishnoo Bhagwan is still a relevant and useful book for anyone who wants to learn more about different constitutions around the world. The book provides a comprehensive and comparative overview of various constitutional systems and their features, performance, and challenges. The book also provides a critical and evaluative perspective on each constitutional system and its outcomes. The book contributes to the field of political science by enhancing our knowledge and understanding of different political systems and their constitutions. The book also contributes to the field of political science by promoting dialogue and cooperation among nations and fostering mutual understanding and respect.

Conclusion

In conclusion, World Constitution by Vishnoo Bhagwan is a book that provides a comprehensive and comparative study of various constitutions around the world. The book covers 12 countries that represent different types of constitutional systems, such as parliamentary democracies, presidential democracy, socialist democracy, direct democracy, and mixed democracy. The book also includes a chapter on the Constitution of the Russian Federation, which replaced the former Soviet Union. The book follows a similar format for each chapter that consists of historical background, nature of the constitution, the executive, the legislature, the judiciary, local government, political parties, pressure groups, and evaluation. The book provides a balanced and objective assessment of each constitutional system and its performance. The book identifies the strengths and weaknesses of each system and evaluates them based on certain standards or criteria that reflect certain values or goals. The book also discusses the challenges and opportunities that each system faces in the contemporary world.

The book has several strengths that make it a valuable and authoritative source for students, scholars, practitioners, and citizens who are interested in constitutional studies. Some of these strengths are: it covers a wide range of countries that represent different types of constitutional systems; it follows a similar format for each chapter that makes it easy for readers to compare and contrast different constitutional systems; it provides a balanced and objective assessment of each constitutional system; it draws on various sources and references from eminent authorities on the subject. However, the book also has some weaknesses or limitations that need to be acknowledged and addressed. Some of these weaknesses are: it is outdated and does not reflect the latest developments and changes in some of the constitutional systems; it is selective and does not cover all aspects or dimensions of each constitutional system; it is descriptive and does not provide much theoretical or analytical framework for comparative constitutional studies.