The Transformative Constitution

Author : Gautam Bhatia
Publisher : Harper Collins
Page : 544 pages
File Size : 47,5 Mb
Release : 2019-02-28
Category : Law
ISBN : 9789353026851

Get Book

The Transformative Constitution by Gautam Bhatia Pdf

| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.

Author : Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt
Publisher : AFRICAN SUN MeDIA
Page : 367 pages
File Size : 53,7 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9781919980027

Get Book

Rights and Democracy by Henk Botha,Andries Johannes Van der Walt,J. C. Van der Walt Pdf

The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.

Author : Sandra Liebenberg
Publisher : Juta and Company Ltd
Page : 572 pages
File Size : 45,6 Mb
Release : 2010
Category : Business & Economics
ISBN : 0702184802

Get Book

Socio-economic Rights by Sandra Liebenberg Pdf

Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.

Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan,Ximena Soley
Publisher : Oxford University Press
Page : 448 pages
File Size : 40,9 Mb
Release : 2017-06-16
Category : Law
ISBN : 9780192515469

Get Book

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 : Oscar Vilhena,Upendra Baxi,Frans Viljoen
Publisher : Unknown
Page : 667 pages
File Size : 49,8 Mb
Release : 2013
Category : Constitutional courts
ISBN : 1920538232

Get Book

Transformative Constitutionalism by Oscar Vilhena,Upendra Baxi,Frans Viljoen Pdf

Author : Drucilla Cornell,Kenneth Michael Panfilio
Publisher : Fordham Univ Press
Page : 219 pages
File Size : 50,9 Mb
Release : 2010
Category : Law
ISBN : 9780823232505

Get Book

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 : Ruth Rubio-Marin
Publisher : Cambridge University Press
Page : 405 pages
File Size : 42,9 Mb
Release : 2022-10-06
Category : Law
ISBN : 9781316827581

Get Book

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.

Author : Rohit De
Publisher : Princeton University Press
Page : 308 pages
File Size : 48,9 Mb
Release : 2020-08-04
Category : History
ISBN : 9780691210384

Get Book

A People's Constitution by Rohit De Pdf

It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.

Author : Professor Hugh Corder,Dr Veronica Federico,Professor Romano Orrù
Publisher : Ashgate Publishing, Ltd.
Page : 297 pages
File Size : 43,6 Mb
Release : 2014-11-28
Category : Political Science
ISBN : 9781472416315

Get Book

The Quest for Constitutionalism by Professor Hugh Corder,Dr Veronica Federico,Professor Romano Orrù 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.

Author : Madhav Khosla
Publisher : Unknown
Page : 241 pages
File Size : 52,8 Mb
Release : 2020
Category : Constitutional history
ISBN : 9780674980877

Get Book

India's Founding Moment by Madhav Khosla Pdf

"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--

Author : Tom Ginsburg,Aziz Z. Huq
Publisher : Cambridge University Press
Page : 325 pages
File Size : 41,6 Mb
Release : 2020-04-30
Category : Law
ISBN : 9781108487733

Get Book

From Parchment to Practice by Tom Ginsburg,Aziz Z. Huq Pdf

Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.

Author : Jiunn-rong Yeh
Publisher : Unknown
Page : 128 pages
File Size : 48,7 Mb
Release : 2016
Category : Constitutional law
ISBN : 1509905596

Get Book

The Constitution of Taiwan by Jiunn-rong Yeh Pdf

Author : Henk Botha,Andries Johannes Van der Walt
Publisher : Unknown
Page : 269 pages
File Size : 43,8 Mb
Release : 2003
Category : Civil rights
ISBN : 1919980261

Get Book

Rights and Democracy in a Transformative Constitution by Henk Botha,Andries Johannes Van der Walt Pdf

Author : Jerome C. Foss
Publisher : Unknown
Page : 214 pages
File Size : 46,9 Mb
Release : 2016-05-31
Category : Law
ISBN : 1604979283

Get Book

Constitutional Democracy and Judicial Supremacy by Jerome C. Foss Pdf

"The best books on politics offer us fresh insight into the way things are, and powerful arguments about how things ought to be. Jerome Foss's superb book accomplishes both of these ends, rescuing John Rawls's work from the dusty corners of overly abstract theorizing by emphasizing Rawls's dedication to a very practical reinvention of the American political experiment. This approach has the virtue not only of according with Rawls's mature interpretation of his work, but also of setting up a lively contrast between the constitutional republicanism of the framers and Rawls's constitutional democracy. This book is a trustworthy guide to the American constitutional tradition as well as Rawls's innovative alternative, offering a respectful treatment of the latter while providing an engaging and persuasive defense of the former." -Micah J. Watson, William Spoelhof Teacher-Scholar Chair in Political Science, Calvin College "Foss's careful study of the transformative intention of Rawls's political theory brings extraordinary insights to our academic debates, and to the real causes of our polarized, dysfunctional politics. The analysis of Rawls's pragmatism reveals its breathtaking goal to elevate progressive-liberal judges as epitomes of public reason, seeking to construct a rationalist, egalitarian-minded democracy to replace the framers' complex republicanism. Rawls has partially succeeded; we increasingly are ruled by living judicialism rather than the rule of law, under novel power wielded by federal courts, law professors, and lawyers. Foss gives Rawls a fair hearing, but insists we confront the arbitrary and utopian bases of this radical project, and the costs of elevating equality and constructed theory at the expense of liberty, self-government, and natural rights. Those who care about the fate of constitutional self-government, and whether utopian theories produce sustainable polities or political-social disorder, must confront this book." -Paul Carrese, Professor of Political Science, U.S. Air Force Academy

Author : Pierre De Vos,Warren Freedman,Z. T. Boggenpoel,Lisa Draga,Christopher Gevers
Publisher : Unknown
Page : 0 pages
File Size : 47,9 Mb
Release : 2021
Category : Constitutional law
ISBN : 0190746165

Get Book

South African Constitutional Law in Context by Pierre De Vos,Warren Freedman,Z. T. Boggenpoel,Lisa Draga,Christopher Gevers Pdf

Includes bibliographical references (pages 843-875) and index.