Decolonizing Constitutionalism

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Decolonizing Constitutionalism

Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade
Decolonizing Constitutionalism Book PDF

Author : Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade
Publisher : Taylor & Francis
Page : 287 pages
File Size : 52,5 Mb
Release : 2023-07-31
Category : Political Science
ISBN : 9781000914139

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Decolonizing Constitutionalism by Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade Pdf

The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.

Decolonizing Constitutionalism

Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade
Decolonizing Constitutionalism Book PDF

Author : Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade
Publisher : Taylor & Francis
Page : 355 pages
File Size : 49,7 Mb
Release : 2023-07-31
Category : Political Science
ISBN : 9781000914092

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Decolonizing Constitutionalism by Boaventura de Sousa Santos,Sara Araújo,Orlando Aragón Andrade Pdf

The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.

Decolonizing Law

Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Decolonizing Law Book PDF

Author : Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia
Publisher : Routledge
Page : 271 pages
File Size : 51,9 Mb
Release : 2021-05-24
Category : Law
ISBN : 9781000396553

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Decolonizing Law by Sujith Xavier,Beverley Jacobs,Valarie Waboose,Jeffery G. Hewitt,Amar Bhatia Pdf

This book brings together Indigenous, Third World and Settler perspectives on the theory and practice of decolonizing law. Colonialism, imperialism, and settler colonialism continue to affect the lives of racialized communities and Indigenous Peoples around the world. Law, in its many iterations, has played an active role in the dispossession and disenfranchisement of colonized peoples. Law and its various institutions are the means by which colonial, imperial, and settler colonial programs and policies continue to be reinforced and sustained. There are, however, recent and historical examples in which law has played a significant role in dismantling colonial and imperial structures set up during the process of colonization. This book combines usually distinct Indigenous, Third World and Settler perspectives in order to take up the effort of decolonizing law: both in practice and in the concern to distance and to liberate the foundational theories of legal knowledge and academic engagement from the manifestations of colonialism, imperialism and settler colonialism. Including work by scholars from the Global South and North, this book will be of interest to academics, students and others interested in the legacy of colonial and settler law, and its overcoming.

Constitution-making in Asia

H. Kumarasingham
Constitution making in Asia Book PDF

Author : H. Kumarasingham
Publisher : Routledge
Page : 212 pages
File Size : 42,6 Mb
Release : 2016-03-31
Category : History
ISBN : 9781317245100

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Constitution-making in Asia by H. Kumarasingham Pdf

Britain’s main imperial possessions in Asia were granted independence in the 1940s and 1950s and needed to craft constitutions for their new states. Invariably the indigenous elites drew upon British constitutional ideas and institutions regardless of the political conditions that prevailed in their very different lands. Many Asian nations called upon the services of Englishman and Law Professor Sir Ivor Jennings to advise or assist their own constitution making. Although he was one of the twentieth century’s most prominent constitutional scholars, his opinion and influence were often controversial and remain so due to his advocating British norms in Asian form. This book examines the process of constitutional formation in the era of decolonisation and state building in Asia. It sheds light upon the influence and participation of Jennings in particular and British ideas in general on democracy and institutions across the Asian continent. Critical cases studies on India, Pakistan, Sri Lanka, Malaysia and Nepal – all linked by Britain and Jennings – assess the distinctive methods and outcomes of constitution making and how British ideas fared in these major states. The book offers chapters on the Westminster model in Asia, Human Rights, Nationalism, Ethnic politics, Federalism, Foreign influence, Decolonisation, Authoritarianism, the Rule of Law, Parliamentary democracy and the power and influence of key political actors. Taking an original stance on constitution making in Asia after British rule, it also puts forward ideas of contemporary significance for Asian states and other emerging democracies engaged in constitution making, regime change and seeking to understand their colonial past. The first political, historical or constitutional analysis comparing Asia’s experience with its indelible British constitutional legacy, this book is a critical resource on state building and constitution making in Asia following independence. It will appeal to students and scholars of world history, public law and politics.

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 : 44,9 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.

Decolonizing Freedom

Allison Weir
Decolonizing Freedom Book PDF

Author : Allison Weir
Publisher : Oxford University Press
Page : 313 pages
File Size : 43,9 Mb
Release : 2024
Category : Philosophy
ISBN : 9780197507940

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Decolonizing Freedom by Allison Weir Pdf

Freedom is celebrated as the definitive ideal of modern western civilization. Yet in western thought and practice, freedom has been defined through opposition to the unfreedom of most of the world's people. Allison Weir draws on Indigenous political theories and practices of decolonization in dialogue with western theories, to reconstruct a tradition of relational freedom as a distinctive political conception of freedom: a radically democratic mode of engagement and participation in social and political relations with an infinite range of strange and diverse beings perceived as free agents in interdependent relations in a shared world.

Transnational Constitution Making

Alicia Pastor y Camarasa
Transnational Constitution Making Book PDF

Author : Alicia Pastor y Camarasa
Publisher : Taylor & Francis
Page : 228 pages
File Size : 41,9 Mb
Release : 2024-06-14
Category : Law
ISBN : 9781040035757

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Transnational Constitution Making by Alicia Pastor y Camarasa Pdf

This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.

Indigenous Peoples and the Future of Federalism

Amy Swiffen,Joshua Nichols
Indigenous Peoples and the Future of Federalism Book PDF

Author : Amy Swiffen,Joshua Nichols
Publisher : University of Toronto Press
Page : 236 pages
File Size : 45,5 Mb
Release : 2023-12-18
Category : Law
ISBN : 9781487560980

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Indigenous Peoples and the Future of Federalism by Amy Swiffen,Joshua Nichols Pdf

As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.

Research Handbook on Law, Movements and Social Change

Steven A. Boutcher,Corey S. Shdaimah,Michael W. Yarbrough
Research Handbook on Law Movements and Social Change Book PDF

Author : Steven A. Boutcher,Corey S. Shdaimah,Michael W. Yarbrough
Publisher : Edward Elgar Publishing
Page : 463 pages
File Size : 40,7 Mb
Release : 2023-07-01
Category : Political Science
ISBN : 9781789907674

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Research Handbook on Law, Movements and Social Change by Steven A. Boutcher,Corey S. Shdaimah,Michael W. Yarbrough Pdf

The study of law and social movements provides an ideal lens for rethinking fundamental questions about the relationship between law and power. This Research Handbook takes up that challenge, framing a new, more global, dynamic, reflexive, and contextualised phase of social movement studies.

Disserted

Dunia Zongwe
Disserted Book PDF

Author : Dunia Zongwe
Publisher : African Books Collective
Page : 316 pages
File Size : 46,7 Mb
Release : 2023-09-30
Category : Law
ISBN : 9789956553181

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Disserted by Dunia Zongwe Pdf

Disserted is a groundbreaking, comprehensive book that guides LL.B students on how to craft a first-class dissertation. It tackles head-on the triple crisis faced by law students in developing nations - a crisis of doubting, thinking, and writing This crisis manifests itself in the form of poorly written dissertations. This is the first book to show how to practically assemble a dissertation from the perspective of decoloniality. This makes Disserted uniquely suited to students from the Global South, considering that decoloniality empowers them to overcome the triple crisis. Indeed, its originality in presenting practical advice and decolonial theory sets this book apart from the handful of guides on LL.B dissertations. Existing resources and manuals are filled with generalities and lack in practicality. Written in student-friendly prose, its 23 chapters cover a wide range of topics. including research proposals, topic selection, purpose and problem statements. literature reviews, digital tools and models powered by artificial intelligence (AI), the basics of legal prompt engineering, plagiarism, grammar, and research methods. Each chapter offers secrets and deep insights, drawing from the author's extensive experience in supervising LL.B dissertations and research papers, notably in Southern Africa and India. Though primarily targeting LL.B students, Disserted also serves as an essential companion and indispensable resource for supervisors, law professors, jurists, and anyone interested in unraveling the complexities of writing dissertations. Overall, Disserted underscores the importance of structured dissertation writing coupled with a decolonized research approach that subverts dominant perspectives, exposes the role of Al and technology in entrenching the coloniality of knowledge, and fosters a broader understanding of law.

Decolonizing Human Rights

Abdullahi Ahmed An-Naim
Decolonizing Human Rights Book PDF

Author : Abdullahi Ahmed An-Naim
Publisher : Cambridge University Press
Page : 157 pages
File Size : 52,6 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781108417136

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Decolonizing Human Rights by Abdullahi Ahmed An-Naim Pdf

This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.

The DNA of Constitutional Justice in Latin America

Daniel M. Brinks,Abby Blass
The DNA of Constitutional Justice in Latin America Book PDF

Author : Daniel M. Brinks,Abby Blass
Publisher : Cambridge University Press
Page : 281 pages
File Size : 50,7 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781107178366

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The DNA of Constitutional Justice in Latin America by Daniel M. Brinks,Abby Blass Pdf

Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.

Decolonization, Self-Determination, and the Rise of Global Human Rights Politics

A. Dirk Moses,Marco Duranti,Roland Burke
Decolonization Self Determination and the Rise of Global Human Rights Politics Book PDF

Author : A. Dirk Moses,Marco Duranti,Roland Burke
Publisher : Cambridge University Press
Page : 449 pages
File Size : 48,9 Mb
Release : 2020-07-16
Category : History
ISBN : 9781108479356

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Decolonization, Self-Determination, and the Rise of Global Human Rights Politics by A. Dirk Moses,Marco Duranti,Roland Burke Pdf

Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.

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 : 54,9 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

The Far Right Today

Cas Mudde
The Far Right Today Book PDF

Author : Cas Mudde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 52,5 Mb
Release : 2019-10-25
Category : Philosophy
ISBN : 9781509536856

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The Far Right Today by Cas Mudde Pdf

The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.