Constitutionalism Of The Global South

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The Global South and Comparative Constitutional Law

Philipp Dann,Michael Riegner,Maxim Bönnemann
The Global South and Comparative Constitutional Law Book PDF

Author : Philipp Dann,Michael Riegner,Maxim Bönnemann
Publisher : Oxford University Press
Page : 320 pages
File Size : 46,9 Mb
Release : 2020-10-30
Category : Law
ISBN : 9780192590749

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The Global South and Comparative Constitutional Law by Philipp Dann,Michael Riegner,Maxim Bönnemann Pdf

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.

Constitutionalism of the Global South

Daniel Bonilla Maldonado
Constitutionalism of the Global South Book PDF

Author : Daniel Bonilla Maldonado
Publisher : Cambridge University Press
Page : 128 pages
File Size : 54,7 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107067936

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Constitutionalism of the Global South by Daniel Bonilla Maldonado Pdf

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.

Peacebuilding, Constitutionalism and the Global South

Kajit J Bagu (John Paul)
Peacebuilding Constitutionalism and the Global South Book PDF

Author : Kajit J Bagu (John Paul)
Publisher : Routledge
Page : 247 pages
File Size : 51,6 Mb
Release : 2019-07-05
Category : Law
ISBN : 9780429536090

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Peacebuilding, Constitutionalism and the Global South by Kajit J Bagu (John Paul) Pdf

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

Peacebuilding, Constitutionalism and the Global South

KAJIT J. BAGU (JOHN PAUL)
Peacebuilding Constitutionalism and the Global South Book PDF

Author : KAJIT J. BAGU (JOHN PAUL)
Publisher : Routledge
Page : 326 pages
File Size : 54,9 Mb
Release : 2021-03-31
Category : Electronic
ISBN : 0367726955

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Peacebuilding, Constitutionalism and the Global South by KAJIT J. BAGU (JOHN PAUL) Pdf

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

The Evolution of the Separation of Powers

David Bilchitz
The Evolution of the Separation of Powers Book PDF

Author : David Bilchitz
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 52,9 Mb
Release : 2018
Category : Electronic
ISBN : 9781785369773

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The Evolution of the Separation of Powers by David Bilchitz Pdf

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.

City, State

Ran Hirschl
City State Book PDF

Author : Ran Hirschl
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 50,9 Mb
Release : 2020
Category : Law
ISBN : 9780190922771

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City, State by Ran Hirschl Pdf

"More than half the world's population lives in cities; by 2050, it will be more than 75%. Cities are often the economic, cultural, and political drivers of states, and of globalization more generally. Yet, constitutionally-speaking, there has been little to no consideration of cities (and especially megacities, with populations exceeding those of many of the world's countries) as discrete or distinct constitutional or federal entities, with political identities and economic needs that often differ from rural regions or so-called "hinterlands." This book intends to taxonomize the constitutional relationship between states and (mega)cities and theorize a way forward for considering the role of the city in future. In six chapters and a conclusion, the book considers the reason for this "constitutional blind spot," the relationship between cities and hinterlands (the center/periphery divide), constitutional mechanisms for dealing with regional differences, a comparative constitutional analysis of urban-center autonomy, and recent and future innovations in city governance"--

Constitutionalism of the Global South

Daniel Bonilla Maldonado
Constitutionalism of the Global South Book PDF

Author : Daniel Bonilla Maldonado
Publisher : Cambridge University Press
Page : 421 pages
File Size : 44,6 Mb
Release : 2013-04-18
Category : Law
ISBN : 9781107036215

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Constitutionalism of the Global South by Daniel Bonilla Maldonado Pdf

Addresses the jurisprudence of the major courts of the Global South on the topics of access to justice, cultural diversity and socioeconomic rights.

Global Gender Constitutionalism and Women's Citizenship

Ruth Rubio-Marin
Global Gender Constitutionalism and Women s Citizenship Book PDF

Author : Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 405 pages
File Size : 52,5 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781316827581

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Global Gender Constitutionalism and Women's Citizenship by Ruth Rubio-Marin Pdf

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.

A Theory of African Constitutionalism

Berihun Adugna Gebeye
A Theory of African Constitutionalism Book PDF

Author : Berihun Adugna Gebeye
Publisher : Oxford University Press
Page : 272 pages
File Size : 47,6 Mb
Release : 2021-07-08
Category : Law
ISBN : 9780192646149

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A Theory of African Constitutionalism by Berihun Adugna Gebeye Pdf

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.

Global Constitutionalism from European and East Asian Perspectives

Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Global Constitutionalism from European and East Asian Perspectives Book PDF

Author : Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke
Publisher : Cambridge University Press
Page : 625 pages
File Size : 52,5 Mb
Release : 2018-11-29
Category : History
ISBN : 9781108417112

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Global Constitutionalism from European and East Asian Perspectives by Takao Suami,Anne Peters,Mattias Kumm,Dimitri Vanoverbeke Pdf

Examines and compares East Asian and European perspectives of Global Constitutionalism.

Transformative Constitutionalism in Latin America

Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Transformative Constitutionalism in Latin America Book PDF

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 53,7 Mb
Release : 2017-06-16
Category : Law
ISBN : 9780192515469

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Transformative Constitutionalism in Latin America by Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley Pdf

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.

New Constitutionalism and World Order

Stephen Gill,A. Claire Cutler
New Constitutionalism and World Order Book PDF

Author : Stephen Gill,A. Claire Cutler
Publisher : Cambridge University Press
Page : 387 pages
File Size : 41,7 Mb
Release : 2014
Category : Globalization
ISBN : 9781107053694

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New Constitutionalism and World Order by Stephen Gill,A. Claire Cutler Pdf

This path-breaking collection analyzes the dialectic between legal and constitutional innovations intended to inscribe corporate power and market disciplines in world order, and the potential for challenges and alternative frameworks of governance to emerge. It provides a comprehensive approach to neoliberal constitutionalism and regulation and limits to policy autonomy of states, and how this disciplines populations according to the intensifying demands of corporations and market forces in global market civilization. Contributors examine global and local public policy challenges and consider if the ongoing crises of capitalism and world order offer states and societies opportunities to challenge this loss of policy autonomy and potentially to refashion world order. Integrating approaches to governance and world order from both leading and emerging scholars, this is an innovative, indispensable source for policymakers, civil society organizations, professionals and students in law, politics, economics, sociology, philosophy and international relations

Constitutionalism in Context

David S. Law
Constitutionalism in Context Book PDF

Author : David S. Law
Publisher : Unknown
Page : 612 pages
File Size : 46,8 Mb
Release : 2022-02-09
Category : Law
ISBN : 9781108674263

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Constitutionalism in Context by David S. Law Pdf

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Radical Deprivation on Trial

César A. RodrÃ-guez-Garavito,César A. Rodríguez Garavito,Diana Rodríguez-Franco
Radical Deprivation on Trial Book PDF

Author : César A. RodrÃ-guez-Garavito,César A. Rodríguez Garavito,Diana Rodríguez-Franco
Publisher : Cambridge University Press
Page : 235 pages
File Size : 50,8 Mb
Release : 2015-10-22
Category : Law
ISBN : 9781107078888

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Radical Deprivation on Trial by César A. RodrÃ-guez-Garavito,César A. Rodríguez Garavito,Diana Rodríguez-Franco Pdf

Using a Colombian case study, this book assesses the potential for court rulings to enact real-life social change.

New Constitutionalism in Latin America

Almut Schilling-Vacaflor
New Constitutionalism in Latin America Book PDF

Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 436 pages
File Size : 47,8 Mb
Release : 2016-04-29
Category : Political Science
ISBN : 9781317088639

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New Constitutionalism in Latin America by Almut Schilling-Vacaflor Pdf

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.