Conquest Constitutionalism And Democratic Contestations
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Conquest Constitutionalism And Democratic Contestations
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Author : Joel M. Modiri
language : en
Publisher: Routledge
Release Date : 2020-05-21
Conquest Constitutionalism And Democratic Contestations written by Joel M. Modiri and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-21 with Law categories.
Two decades since the enactment of South Africa’s present constitution, the durability and endurance of ‘past’ inequalities and injustices illustrate that the ‘new South Africa’ – lauded as a miracle nation with the best constitution in the world – can no longer be regarded as an unqualified success. The legal and constitutional foundations of post-1994 South Africa are in a process of renegotiation that invites new and alternative perspectives and approaches. This comprehensive volume explores this process of renegotiation by engaging political and intellectual contestations circulating in South African academic and public discourse relating to continuities and discontinuities between the colonial-apartheid past and the post-1994 constitutional present. The authors analyse the moral, intellectual and political unravelling of post-1994 South African constitutionalism (as legal text and political culture) and enquire whether it has been able to respond adequately to the fundamental contradictions generated by colonisation and apartheid. They also consider how centring the historical problem of European domination and conquest in Africa – and South Africa in particular – might provide an alternative frame or lens to theorise and understand contemporary South African realities. This book marks out a complex field of contestation – involving competing histories, locations, visions and perspectives – that raises multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.
The Land Is Ours
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Author : Tembeka Ngcukaitobi
language : en
Publisher: Penguin Books
Release Date : 2018
The Land Is Ours written by Tembeka Ngcukaitobi and has been published by Penguin Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Civil rights categories.
The Land Is Ours tells the fascinating story of South Africa's early black lawyers, and explores the relationship between the law and politics. It shows that the concept of a Bill of Rights, which is an international norm today, was pioneered by these black South African lawyers, and is particularly relevant in light of current debates about the Co
Constitutionalism And Democratic Transitions
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Author : Veronica Federico
language : en
Publisher: Firenze University Press
Release Date : 2006
Constitutionalism And Democratic Transitions written by Veronica Federico and has been published by Firenze University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
The Inclusionary Turn In Latin American Democracies
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Author : Diana Kapiszewski
language : en
Publisher: Cambridge University Press
Release Date : 2021-02-04
The Inclusionary Turn In Latin American Democracies written by Diana Kapiszewski and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-04 with Political Science categories.
This volume analyzes how enduring democracy amid longstanding inequality engendered inclusionary reform in contemporary Latin America.
Democracy
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Author : Inter-parliamentary Union
language : en
Publisher: Inter-Parliamentary Union
Release Date : 1998
Democracy written by Inter-parliamentary Union and has been published by Inter-Parliamentary Union this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Democracy categories.
Principles to realization - Cherif Bassiouni
Constitutionalism In Context
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Author : David S. Law
language : en
Publisher:
Release Date : 2022-02-09
Constitutionalism In Context written by David S. Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-09 with Law categories.
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.
Scales Of Memory
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Author : Justin Collings
language : en
Publisher: Oxford University Press
Release Date : 2021-01-05
Scales Of Memory written by Justin Collings and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-05 with Law categories.
Since the Second World War, constitutional justice has spread through much of the democratic world. Often it has followed in the wake of national calamity and historical evil - whether fascism or communism, colonialism or apartheid. Unsurprisingly, the memory of such evils plays a prominent role in constitutional adjudication. This book explores the relationship between constitutional interpretation and the memory of historical evil. Specifically, it examines how the constitutional courts of the United States, Germany, and South Africa have grappled, respectively, with the legacies of slavery, Nazism, and apartheid. Most courts invoke historical evil through either the parenthetical or the redemptive mode of constitutional memory. The parenthetical framework views the evil era as exceptional - a baleful aberration from an otherwise noble and worthy constitutional tradition. Parenthetical jurisprudence reaches beyond the evil era toward stable and enduring values. It sees the constitutional response to evil as restorative rather than revolutionary - a return to and reaffirmation of older traditions. The redemptive mode, by contrast, is more aggressive. Its aim is not to resume a venerable tradition but to reverse recent ills. Its animating spirit is not restoration, but antithesis. Its aim is not continuity with deeper pasts, but a redemptive future stemming from a stark, complete, and vivid rupture. This book demonstrates how, across the three jurisdictions, the parenthetical mode has often accompanied formalist and originalist approaches to constitutional interpretation, whereas the redemptive mode has accompanied realist and purposive approaches. It also shows how, within the three jurisdictions, the parenthetical mode of memory has consistently predominated in American constitutional jurisprudence; the redemptive mode in South African jurisprudence; and a hybrid, parenthetical-redemptive mode in German constitutional jurisprudence. The real-world consequences of these trends have been stark and dramatic. Memory matters, especially in constitutional interpretation.
A People S Constitution
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Author : Rohit De
language : en
Publisher: Princeton University Press
Release Date : 2020-08-04
A People S Constitution written by Rohit De and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-04 with History categories.
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.
The Conceptual Politics Of Democracy Promotion
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Author : Christopher Hobson
language : en
Publisher: Routledge
Release Date : 2012-03-12
The Conceptual Politics Of Democracy Promotion written by Christopher Hobson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-12 with Philosophy categories.
This book explores the frameworks underlying different notions of democracy, and how these influence political decisions.
Comparative Constitutional History
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Author : Francesco Biagi
language : en
Publisher: BRILL
Release Date : 2022-12-05
Comparative Constitutional History written by Francesco Biagi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-05 with Political Science categories.
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.