Abstract

In addition to its two world wars, the rapid decolonization after 1947 has been the most important phenomenon of the 20th century. The two wars led to the decline of the European colonial empires and speeded up decolonization. This process has spawned more than one hundred new nations which in many cases did not exist in this way before. It also fixed territorial boundaries, most of which have remained unaltered ever since. In the course of decolonization constitutions have been made which have also survived unless they have been suspended by military coups. Many of these constitutions bear the stamp of the process of decolonization because they were framed with a view to facilitating the transfer of power. Usually the grant of independence was preceded by various steps in the devolution of power which left their traces in the constitutional documents. Since this devolution implied the prescription of administrative procedures, these constitutional documents often contain a great deal of contingent detail, whereas ‘normal’ constitutions are restricted to statements of fundamental rights and basic principles. This led to ironies of fate such that the Independence of India Act, which subsequently formed the basis of the Indian constitution, is the longest act ever passed by the British Parliament, which is itself based on an unwritten constitution.