Beyond Public Interest Litigation: Constitutionalization and Its Effects on Judicial Performance in South Asia

This thesis undertakes a holistic examination of constitutionalization and its effects on judicial performance in South Asia. The thesis focuses on India - the hegemonic power in the region - which is at the center of this development. It also examines constitutionalization in two of India's neighbors: Bangladesh and Sri Lanka. Overall, this thesis argues that, on balance, constitutionalization has done more harm than good to judicial performance both jurisprudentially and institutionally in South Asia. It concludes with recommendations as to how courts can improve the quality of their judgments, the impact of those judgments, and access to justice within this peculiar jurisprudential and institutional framework.