The Constitutionalism and Politics Working Group has the pleasure to invite you to the presentation of the paper: Directive Principles and the Expressive Accommodation of Ideological Dissenters by Tarun Khaitan (Associate Professor in Law, University of Oxford)
On Monday, 15th of May, 4-6 pm in Sala del Camino, Villa Salviati
Abstract: This paper argues, using India as a case study, that constitutional directives can be a useful tool for the expressive accommodation of ideological dissenters who would otherwise lose out in constitutional negotiations in deeply divided societies. The strategy of expressive accommodation was tempered in the Indian case through containment and constitutional incrementalism. A calibrated expressive accommodation of ideological dissenters can give them enough (and genuine) hope of future victories to keep them on board, without going so far that the majority rejects the accommodation or their ideological opponents in turn leave the constitutional negotiation table. By focusing on the accommodational needs of ideological dissenters, this paper adds to existing literature on constitutional consensus-building techniques, which has largely focused on political insurance for ethnocultural minorities.
Bio of the author: Tarun Khaitan is an Associate Professor and the Hackney Fellow in Law at Wadham College, University of Oxford. He is also the General Editor of the Indian Law Review, an Academic Fellow of the Honourable Society of the Inner Temple, an Affiliate of the Bonavero Institute of Human Rights and an Associate of the Oxford Human Rights Hub. He completed his undergraduate studies (BA LLB Hons) at the National Law School (Bangalore) between 1999-2004. He then came to Oxford as a Rhodes Scholar and completed his postgraduate studies (BCL with distinction, MPhil with distinction, DPhil) at Exeter College. Before joining Wadham, he was the Penningtons Student (Fellow) in Law at Christ Church.His monograph entitled A Theory of Discrimination Law has been reviewed very positively in leading journals. He helped draft the Anti-Disrimination and Equality Bill currently pending before the Indian Parliament.
The paper is forthcoming in the International Journal of Constitutional Law and is available at SSRN
Discussant: Darshan Datar (EUI, Law researcher)
The event will be chaired by: Elena Brodeală, EUI researcher (EUI, Law department)
All members of the EUI are welcome! We hope to see you there!