Outputs (75)

From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing (2020)
Journal Article
Nelson, M. J., Bâli, A. Ü., Mednicoff, D., & Lerner, H. (2020). From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing. Law & Social Inquiry, 45(4), 935-964. https://doi.org/10.1017/lsi.2019.75

Constitutional drafters often look to foreign constitutional models, ideas, and texts for inspiration; many are explicit about their foreign borrowing. However, when implemented domestically, the meaning of borrowed elements often changes. Political... Read More about From Foreign Text to Local Meaning: The Politics of Religious Exclusion in Transnational Constitutional Borrowing.

Constitutional Migration and the Meaning of Religious Freedom: From Ireland and India to the Islamic Republic of Pakistan (2019)
Journal Article
Nelson, M. J. (2020). Constitutional Migration and the Meaning of Religious Freedom: From Ireland and India to the Islamic Republic of Pakistan. The Journal of Asian studies, 79(1), 129-154. https://doi.org/10.1017/S0021911819000615

Building on research concerning constitutional migration, I show how constitutional provisions regarding religious freedom (‘subject to public order’) arrived in the Islamic Republic of Pakistan, not via colonial British or traditional Islamic source... Read More about Constitutional Migration and the Meaning of Religious Freedom: From Ireland and India to the Islamic Republic of Pakistan.

Article 370 in India: Modi’s BJP versus India’s Constitutional Basic Structure? (2019)
Digital Artefact
Nelson, M. J., & Ranjah, Z. U. Article 370 in India: Modi’s BJP versus India’s Constitutional Basic Structure?

Constituting Religion: From South Asia to Malaysia (2019)
Digital Artefact
Nelson, M. J. (2019). Constituting Religion: From South Asia to Malaysia

At the start of his outstanding new book, Constituting Religion: Islam, Liberal Rights, and the Malaysian State, Tamir Moustafa explains that initially his ambition extended beyond Malaysia to a comparison of Malaysia, Pakistan, and Egypt. As one wit... Read More about Constituting Religion: From South Asia to Malaysia.

Regulating Religion through Administrative Law: Religious Conversion in Malaysia Beyond Fundamental Rights (2019)
Book Chapter
Nelson, M. J., & Shah, D. A. H. (2019). Regulating Religion through Administrative Law: Religious Conversion in Malaysia Beyond Fundamental Rights. In J. L. Neo, A. A. Jamal, & D. P. S. Goh (Eds.), Regulating Religion in Asia: Norms, Modes, and Challenges (233-255). Cambridge University Press. https://doi.org/10.1017/9781108235983.012

Indian Basic Structure Jurisprudence in the Islamic Republic of Pakistan: Reconfiguring the Constitutional Politics of Religion (2018)
Journal Article
Nelson, M. J. (2018). Indian Basic Structure Jurisprudence in the Islamic Republic of Pakistan: Reconfiguring the Constitutional Politics of Religion. Asian Journal of Comparative Law, 13(2), 333-357. https://doi.org/10.1017/asjcl.2018.18

In both India and Pakistan, parliament is constitutionally endowed with ‘constituent power’, that is, the power to introduce constitutional amendments via procedures laid down in the constitution itself. Duly promulgated amendments, however, are occa... Read More about Indian Basic Structure Jurisprudence in the Islamic Republic of Pakistan: Reconfiguring the Constitutional Politics of Religion.

Operationalizing and Regulating Religious Freedom: Apostasy and Administrative "Reasonableness" in Malaysia and Beyond (2018)
Journal Article
Nelson, M. J., & Shah, D. A. H. (2018). Operationalizing and Regulating Religious Freedom: Apostasy and Administrative "Reasonableness" in Malaysia and Beyond. International Journal of Constitutional Law, 16(4), 1293-1321. https://doi.org/10.1093/icon/moy100

As a fundamental human right, religious freedom is commonly associated with the right to choose or change one’s religion (religious self-identification). We use the famous Malaysian case of Muslim-to-Christian convert Lina Joy to examine the operatio... Read More about Operationalizing and Regulating Religious Freedom: Apostasy and Administrative "Reasonableness" in Malaysia and Beyond.

Staffing the state: the politicisation of bureaucratic appointments in Pakistan (2018)
Thesis
Ali, S. A. M. Staffing the state: the politicisation of bureaucratic appointments in Pakistan. (Thesis). SOAS University of London

The Politics of Administrative "Reasonableness" in Malaysia (2017)
Digital Artefact
Nelson, M. J., & Shah, D. A. H. (2017). The Politics of Administrative "Reasonableness" in Malaysia

Islamic Law in an Islamic State: What Role for Parliament? (2017)
Book Chapter
Nelson, M. J. (2017). Islamic Law in an Islamic State: What Role for Parliament?. In A. Ü. Bâli, & H. Lerner (Eds.), Constitution Writing, Religion and Democracy (235-264). Cambridge University Press. https://doi.org/10.1017/9781107707443.010