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All Journal Lentera Hukum Jurnal Kajian Pembaruan Hukum
Kumar, Anubhav
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Law, Crime, Criminology & Criminal Justice

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Changing Dynamics of Constitutionalism Tripathi, Neha; Kumar, Anubhav
Lentera Hukum Vol 9 No 1 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i1.28564

Abstract

The prevailing view of the constitutional framework in South Asia is seen as secondary and subsidiary to developed constitutional systems worldwide. Meanwhile, South Asian countries have merely re-produced the constitutional framework of developed nations. The emergence and development of South Asian constitutionalism present a range of perspectives and methodological approaches that contribute to comparative constitutional law scholarship in South Asia. The overt attention toward the Western notion of liberalism has often led to an incomplete and unclear approach to South Asian constitutionalism. The paper aimed to explore the elements of South Asian constitutionalism alongside underlying socio-economic and political discourse surrounding its contemporary understanding. It also analyzed the role of courts in affirming and transforming South Asian constitutionalism. Instead of reviving interest in South Asia and Third World Approach to International Law, this paper showed that it is only practical and pragmatic to study constitutionalism with specific reference to the modern discourse of democracy, judicial review, separation of power, and human rights enshrined in their respective constitutions. In terms of its emergence from the colonial history and other prevalent forms of distinct cultural, social, and political practices, South Asia presented a heterogeneous experience in the light of recognition and enforcement of socio-economic rights and transformations and deviations from its past experiences. Keywords: Comparative Constitutional Law, Constitutionalism, South Asia.
Integrating Reproductive Justice Approaches in the Human Rights Framework: A Comparative Analysis of the U.S.A., India, and Indonesia Tripathi, Neha; Kumar, Anubhav
Jurnal Kajian Pembaruan Hukum Vol. 4 No. 1 (2024): January-June 2024
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v4i1.46509

Abstract

Sexual health and reproductive rights have become instrumental in defining the constitutional horizons and constitutionalism thereof of a country. In this context, Roe v. Wade emerged as an authority on the issue of abortion, bodily integrity, and sexual health which traveled in various jurisdictions. The paper purports to explore the underlying complexities and challenges in asserting reproductive rights by undertaking a comparative study of the constitutional and legal framework in the U.S.A., India, and Indonesia. The research work carried out is socio-legal, the social realities to elaborate social phenomena about existing legal facts, and the author assessed and analyzed the status of reproductive rights in the U.S.A, India, and Indonesia through a comprehensive analysis of case laws decided by constitutional courts of these countries. The global debate on women's reproductive rights, championed by feminists, emphasizes the urgent need to eradicate gender stereotypes for true equality. Despite progress, many countries still face challenges due to religious, cultural, and socio-economic biases. Access to contraceptives, abortion rights, and information remains limited. Promoting equal parenting and raising awareness are crucial. Legal mechanisms, like Roe v. Wade, have advanced reproductive rights, but regressive rulings like Dobbs pose threats. The demands of diverse communities, including same-sex couples, require revisiting legal frameworks. Constitutionalizing these rights and allocating funds for awareness and healthcare are vital steps. Governments must address child marriage and provide inclusive sex education, prioritizing reproductive health as a fundamental human right.
Co-Authors Tripathi, Neha