Constitutional Conversations

This is a review essay of Rajeeva Bhargava's Politics and Ethics of the Indian Constitution (5th ed., 2012), Sudhir Krishnaswamy's Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine (3rd ed., 2012), and Madhav Khosla's The Indian Constitution, Oxford India Short Introductions (2012).     

Constitutional Agreements without Constitutional Theories

How is constitution‐making possible, when people disagree on so many questions about what is good and what is right? The answer lies in the existence of incompletely theorized agreements–agreements on abstract formulations (freedom of speech, equality under the law) and on particular practices, amidst disagreement about the largest issues in social life. Such agreements help make constitutions and constitutional law possible, even within nations whose citizens cannot concur on the most fundamental matters. Incompletely theorized agreements thus help illuminate an enduring constitutional puzzle: how members of diverse societies can work together on terms of mutual respect amidst intense disagreements about both the right and the good.