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Author: Daniel Bonilla Maldonado Publisher: Cambridge University Press ISBN: 1107067936 Category : Law Languages : en Pages :
Book Description
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
Author: Daniel Bonilla Maldonado Publisher: Cambridge University Press ISBN: 1107067936 Category : Law Languages : en Pages :
Book Description
The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.
Author: Kajit J Bagu (John Paul) Publisher: Routledge ISBN: 0429536097 Category : Law Languages : en Pages : 247
Book Description
This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
Author: Philipp Dann Publisher: Oxford University Press ISBN: 0192590758 Category : Law Languages : en Pages : 321
Book Description
This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.
Author: David Bilchitz Publisher: Edward Elgar Publishing ISBN: 1785369776 Category : Languages : en Pages : 288
Book Description
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
Author: Armin von Bogdandy Publisher: Oxford University Press ISBN: 0192515462 Category : Law Languages : en Pages : 448
Book Description
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author: Berihun Adugna Gebeye Publisher: Oxford University Press ISBN: 0192646141 Category : Law Languages : en Pages : 272
Book Description
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.
Author: KAJIT J. BAGU (JOHN PAUL) Publisher: Routledge ISBN: 9780367726959 Category : Languages : en Pages : 326
Book Description
This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies
Author: Almut Schilling-Vacaflor Publisher: Routledge ISBN: 1317088638 Category : Political Science Languages : en Pages : 436
Book Description
Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.
Author: Ruth Rubio-Marin Publisher: Cambridge University Press ISBN: 1316827585 Category : Law Languages : en Pages : 405
Book Description
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
Author: Daniel Bonilla Maldonado
Author: Daniel Bonilla Maldonado
Author: Kajit J Bagu (John Paul)
Author: Philipp Dann
Author: David Bilchitz
Author: Armin von Bogdandy
Author: Takao Suami
Author: Berihun Adugna Gebeye
Author: KAJIT J. BAGU (JOHN PAUL)
Author: Almut Schilling-Vacaflor
Author: Ruth Rubio-Marin