Extrapolating from the ideas of Nobel Laureate Elinor Ostrom and scholars of the commons, the conceptualization of the Constitution as a commons opens the Constitution out to radical, insurgent readings that redefine belonging and ownership—it is no longer the property of state legislatures and courts to (mis)interpret in the service of political expediency/judicial bias/equivocation. It is the people who, through collective action and civic engagement, hold institutions to account and provide the tools and experiences that must shape constitutional interpretation. This article will examine the emergence of the constitutional commons as the space for a public, shared, collectively crafted jurisprudence of citizenship, occupying the commons of the nation and the commons that the Constitution in fact is, bringing space and belonging together in unanticipated ways. What are the implications for courts and for the futures of the Constitution of the rupture of a sequestered “constitutional jurisprudence” through the articulation of an expansive, inclusive constitutional commons by “we, the people?”

This content is only available as a PDF.

References

References
Anzaldua Gloria .
1987
.
Borderlands/La Frontiera: The New Mestiza
.
San Francisco
:
Aunt Lute Books
.
Choudhury Chitrangada Aga Aniket .
2020
. “
In Memoriam: Sociologist and Activist Abhay Xaxa
.”
India Forum
,
April
3
. .
Citizens Against Hate
.
2020
.
Everyone Has Been Silenced: Police excess against anti-CAA protesters in Uttar Pradesh, and post-violence reprisal
.
New Delhi
:
Citizens Against Hate
. .
Daniyal Shoaib .
2019
. “
‘I Am Miya’: Why Poetry by Bengal-Origin Muslims in Their Mother Tongue Is Shaking Up Assam
.”
Scroll.in
,
June
14
. .
Hess Charlotte Ostrom Elinor .
2007
. “
Introduction: An Overview of the Knowledge Commons
.” In
Understanding Knowledge as a Commons: From Theory to Practice
, edited by Hess Charlotte Ostrom Elinor ,
10
.
Cambridge, MA and London
:
MIT Press
.
Jones Martha S.
2018
.
Birthright Citizens: A History of Race and Rights in Antebellum America
.
Cambridge
:
Cambridge University Press
.
Kannabiran Kalpana .
2012
.
Tools of Justice: Non-Discrimination and the Indian Constitution
.
New Delhi
:
Routledge
.
Kannabiran Kalpana .
2019
. “
What Use is Poetry: Excavating Tongues of Justice around Navtej Singh Johar v. Union of India
.”
National Law School of India Review
31
, no.
1
,
1
31
.
Kannabiran Kalpana Singh Sarojini Nadimpally Navsharan Goswami Roshmi Philipose Pamela .
2020
. “
Interrogating the “Normal” in Kashmir: Report of a Visit to the Valley, January 31 to February 5, 2020
.”
Indian Cultural Forum
,
March
4
. .
LaDuke Winona Cowen Deborah .
2020
. “
Beyond Wiindigo Infrastructure
.”
South Atlantic Quarterly
119
, no.
2
:
257
.
Maitreya Yogesh .
2018
. “
In the Verses of Dalit Shahirs, You Can Hear the History of India’s Anti-Caste movement
.”
Scroll.in
,
June
9
. .
Mignolo Walter D. Walsh Catherine E. .
2018
.
On Decoloniality: Concepts, Analytics, Praxis
.
Durham, NC
:
Duke University Press
.
Puar Jasbir K.
2017
.
The Right to Maim: Debility, Capacity, Disability
.
Durham, NC
:
Duke University Press
.
Shaheen Bagh Official (@Shaheenbaghoff1)
.
2020
.
Twitter
. .
Singh Aditi .
2020
. “
Delhi Court Grants Bail to Bhim Army Chief Chandra Shekhar Azad (Subject to Several Conditions)
.”
Bar and Bench
,
January
15
. .
Tella Ramya K.
2020
. “
Responsibility in Viral Times: A Note from India
.”
Discover Society,
March
30
. .
Wanaan Zanaan .
2020
. “
Kashmiri Bella Ciao
.”
YouTube
,
February
23
. .