DECODING THE NUANCES OF THE NORMATIVE PRACTICE OF CONSTITUTIONAL BORROWINGS

Abstract

Constitutions are not produced in isolation. Rather, they draw on the form, texts and experiences of other constitutional systems of the world. As such, constitution-making is an application of comparative constitutional law. The process of constitution-making includes both the process for making a new constitution or amending an existing constitution as well as the substantive decisions about the design, form and content of the new or amended constitution iBehind the contours of these constitutional texts, are the most important and persuasive political actors and forces of a given society. A good constitution drafting process must balance the interests of different groups and communities. The various actors that are said to be a part of the drafting process include the judiciary, political leaders, academicians and the participation of public. This paper aims to explore the processes employed in the making of constitutions by resorting to a comparative analysis to understand the role played by influencing actors in the same and primarily focusing on the aspect of constitutional borrowings in the methodology of drafting while also focusing on tracing the history of transplantation of constitutional ideas.