Rule Of Law In Postcolonial Constitutionalism: A Comparative Study Between India, Brazil And South Africa
- IJLLR Journal
- Mar 21
- 1 min read
Saumya Rai, LLB, LLM (NLU Delhi)
Akash, LLB, LLM (RGNUL, Patiala)
ABSTRACT
The epoch of colonial expansion marked a horrific chapter in world history. It is paradoxical that the ideals of constitutionalism, rule of law and rights of citizens were perfected in Europe at the very same historical moment when colonialism burgeoned. While ‘citizens’ back home were being guaranteed protection from State excess, the Colonial State engaged in committing unbelievable atrocities on the ‘subjects’ in colonies. As profoundly enunciated by Baxi1, colonial legality is indeed an oxymoron, in spite of what may have been asserted by euro-centric narratives attempting justification of colonization. Colonial power only offered systems of governance, expressed in alien language and in terms of alien ideas, and nothing beyond, legally speaking. If and where, any semblance of ‘justice’ and ‘development’ was induced by the colonial regime, it was either done with a patronizing intent or simply as an accessory to imperial stronghold. The very concept of colonialism was the anti-thesis of the ‘rule of law’ as was being promulgated in the West.
