This panel considers central aspects of the comparative law of democracy of relevance for multiple constitutional orders. The papers collectively consider political candidacy, election commissions and democratic decline, and the use of referenda. The panel raises doctrinal, historical, comparative, and theoretical perspectives on these topics.
Tag: <span>Shubhankar Dam</span>
Temptations of Executive Power: Repromulgation of Ordinances in India
This paper tells the story of an iconic decision in India: DC Wadhwa v State of Bihar. The Indian Constitution authorizes the executive to enact temporary legislation provided certain conditions are met. Can the executive repeatedly promulgate the same ordinance? In Wadhwa the court said no: Repromulgation negates the system of separated powers, and renders...