The Quest For Constitutionalism

Author : Hugh Corder,Veronica Federico
Publisher : Routledge
Page : 276 pages
File Size : 50,5 Mb
Release : 2016-02-24
Category : Political Science
ISBN : 9781317018421

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The Quest for Constitutionalism by Hugh Corder,Veronica Federico Pdf

This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the importance of the South African constitutional provisions for transnational or globalised constitutionalism more broadly. It contains contributions from South African scholars, as well as European authors, bringing in new analytical angles and adding a specific comparative dimension. Through the prism of South Africa, the authors discuss the innovative character of constitutional and legal provisions in terms of both constitution-making and law-making processes and their contents. This book provides analysis that will be relevant to scholars, students and practitioners, specifically those interested in International Relations, Law, Sociology of Law, and African Studies, as well as socio-political comparative studies.

Author : Asmelash Beyene,Gelase R. Mutahaba
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 276 pages
File Size : 42,9 Mb
Release : 1994
Category : History
ISBN : UVA:X002492309

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The Quest for Constitutionalism in Africa by Asmelash Beyene,Gelase R. Mutahaba Pdf

Some Lessons of Experience, by R. Baguma

Author : John Borrows
Publisher : University of Toronto Press
Page : 382 pages
File Size : 49,7 Mb
Release : 2016-05-12
Category : Social Science
ISBN : 9781442630956

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Freedom and Indigenous Constitutionalism by John Borrows Pdf

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.

Author : Hugh Corder,Veronica Federico
Publisher : Routledge
Page : 296 pages
File Size : 53,7 Mb
Release : 2016-02-24
Category : Political Science
ISBN : 9781317018438

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The Quest for Constitutionalism by Hugh Corder,Veronica Federico Pdf

This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the importance of the South African constitutional provisions for transnational or globalised constitutionalism more broadly. It contains contributions from South African scholars, as well as European authors, bringing in new analytical angles and adding a specific comparative dimension. Through the prism of South Africa, the authors discuss the innovative character of constitutional and legal provisions in terms of both constitution-making and law-making processes and their contents. This book provides analysis that will be relevant to scholars, students and practitioners, specifically those interested in International Relations, Law, Sociology of Law, and African Studies, as well as socio-political comparative studies.

Author : Carla M. Zoethout,Marlies E. Pietermaat-Kros
Publisher : Unknown
Page : 94 pages
File Size : 49,6 Mb
Release : 1996
Category : Africa
ISBN : 9038704704

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Constitutionalism in Africa by Carla M. Zoethout,Marlies E. Pietermaat-Kros Pdf

Author : Nico Krisch
Publisher : Oxford University Press, USA
Page : 383 pages
File Size : 47,8 Mb
Release : 2010-10-28
Category : Law
ISBN : 9780199228317

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Beyond Constitutionalism by Nico Krisch Pdf

Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 42,5 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.

Author : Nicholas Tsagourias
Publisher : Cambridge University Press
Page : 348 pages
File Size : 40,5 Mb
Release : 2007-07-19
Category : Law
ISBN : 9781139464680

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Transnational Constitutionalism by Nicholas Tsagourias Pdf

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Author : Drucilla Cornell,Kenneth Michael Panfilio
Publisher : Fordham Univ Press
Page : 219 pages
File Size : 50,5 Mb
Release : 2010
Category : Law
ISBN : 9780823232505

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Symbolic Forms for a New Humanity by Drucilla Cornell,Kenneth Michael Panfilio Pdf

It has become commonplace to write about the vociferous appetite of colonialism and its insatiable devouring of modern life. In this book the authors expand on those ideas, showing how there has been a colonization of critical theory itself, fitted with prejudices that would limit knowledge to analytic reductions commensurate with so-called Western metaphysics. Against such a monolithic force, the authors posit the work of the oft-neglected German Idealist Ernst Cassirer in careful textual precision to unearth his contribution to critical theory via an in-depth understanding of symbolic forms in all of their richness and complexity. Such a maneuver allows an ethical humanism to emerge that grants equal importance and standing both to the intellectual heritage of Afro-Caribbean historicism and poeticism and to the long-ignored significance of black philosophies of existence. Each of these traditions provide searing indictments against imperialist domination of the so-called Third World and return such questions of domination to the realm of critical theory against some who would deny that we are still in an age of imperialism. The focus of this book is an exposition on the human condition that is then expanded upon to raise, and at times answer, some of the most important questions of what is to be doneabout the global racism, sexism, and poverty that have asymmetrically infected the livelihoods and ways of life for so many people who have been rendered beneath the register of humanity.

Author : Saïd Amir Arjomand
Publisher : BRILL
Page : 402 pages
File Size : 44,5 Mb
Release : 2007-01-01
Category : Law
ISBN : 9789004151741

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Constitutionalism and Political Reconstruction by Saïd Amir Arjomand Pdf

This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.

Author : Alejandro Linares Cantillo,Camilo Valdivieso-León,Santiago García-Jaramillo
Publisher : Oxford University Press
Page : 497 pages
File Size : 48,8 Mb
Release : 2021-03-11
Category : Law
ISBN : 9780192650511

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Constitutionalism by Alejandro Linares Cantillo,Camilo Valdivieso-León,Santiago García-Jaramillo Pdf

This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.

Author : Michel Rosenfeld
Publisher : Duke University Press
Page : 452 pages
File Size : 53,8 Mb
Release : 1994
Category : History
ISBN : 0822315165

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Constitutionalism, Identity, Difference, and Legitimacy by Michel Rosenfeld Pdf

The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

Author : John Hatchard,Muna Ndulo,Peter Slinn
Publisher : Cambridge University Press
Page : 389 pages
File Size : 51,9 Mb
Release : 2004-07-08
Category : Law
ISBN : 9781139451222

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Comparative Constitutionalism and Good Governance in the Commonwealth by John Hatchard,Muna Ndulo,Peter Slinn Pdf

The central role that good, effective and capable governance plays in the economic and social development of a country is now widely recognised. Using the Commonwealth countries of eastern and southern Africa, this book analyses some of the key constitutional issues in the process of developing, strengthening and consolidating the capacity of states to ensure the good governance of their peoples. Utilising comparative material, the book seeks to draw lessons, both positive and negative, about the problems of constitutionalism in the region and, in doing so, critically addresses the legal issues involved in seeking to make constitutions 'work' in practice.

Author : Stephen Gill,A. Claire Cutler
Publisher : Cambridge University Press
Page : 387 pages
File Size : 43,7 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

Author : Louis J Kotzé
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 49,6 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781509907618

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Global Environmental Constitutionalism in the Anthropocene by Louis J Kotzé Pdf

There is persuasive evidence suggesting we are on the brink of human-induced ecological disaster that could change life on Earth as we know it. There is also a general consensus among scientists about the pace and extent of global ecological decay, including a realisation that humans are central to causing the global socio-ecological crisis. This new epoch has been called the Anthropocene. Considering the many benefits that constitutional environmental protection holds out in domestic legal orders, it is likely that a constitutionalised form of global environmental law and governance would be better able to counter the myriad exigencies of the Anthropocene. This book seeks to answer this central question: from the perspective of the Anthropocene, what is environmental constitutionalism and how could it be extrapolated to formulate a global framework? In answering this question, this book offers the first systematic conceptual framework for global environmental constitutionalism in the epoch of the Anthropocene.