Decolonizing Constitutionalism
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Decolonizing Constitutionalism
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Author : Boaventura de Sousa Santos
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-31
Decolonizing Constitutionalism written by Boaventura de Sousa Santos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Political Science categories.
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.
Constitution Making In Asia
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Author : H. Kumarasingham
language : en
Publisher: Routledge
Release Date : 2016-03-31
Constitution Making In Asia written by H. Kumarasingham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-31 with History categories.
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.
Decolonizing Constitutionalism
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Author : Boaventura de Sousa Santos
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-31
Decolonizing Constitutionalism written by Boaventura de Sousa Santos and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-31 with Political Science categories.
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 Human Rights
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Author : Abdullahi Ahmed An-Naim
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-09
Decolonizing Human Rights written by Abdullahi Ahmed An-Naim 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 2021-12-09 with Law categories.
This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.
Jurisprudence Of Sovereignty
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Author : C. U. Anyanwu
language : en
Publisher:
Release Date : 2006
Jurisprudence Of Sovereignty written by C. U. Anyanwu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Commonwealth countries categories.
Decolonizing Law
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Author : Sujith Xavier
language : en
Publisher: Routledge
Release Date : 2021-05-24
Decolonizing Law written by Sujith Xavier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-24 with Law categories.
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.
Decolonizing Democracy From Western Cognitive Imperialism
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Author : Mentan, Tatah
language : en
Publisher: Langaa RPCIG
Release Date : 2015-08-06
Decolonizing Democracy From Western Cognitive Imperialism written by Mentan, Tatah and has been published by Langaa RPCIG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-06 with Political Science categories.
There seems to be a sort of prevalent attitude in the Western world that its brand of democracy is something of a catch all solution for all the world's political problems. Hence, Western imperialism has always been sold under the pretext of spreading freedom and democracy. Democracy is beautiful. But it is no proof against imperialism. Whether democracy is causal is another whole consideration. It may be a case of the 'least bad of evil alternatives.' It may be a case of a state of social and political development over and above the way people organize themselves. It may be the fate of rational life on a planet with insufficient energy reserves to support locomotion without predation. But what gives anyone the right to go into a sovereign country and change its foundation through War? The whole democracy & freedom line is a lie to give Western imperialism a friendly face. Imperialism and its lie of spreading democracy is an unmitigated evil, whether for material gain, or the pride fostered by active participation in the machinery of state. Therefore, a people seeking to control their destiny must decolonize imposed Western democracy.
Liberal Ideals And The Politics Of Decolonisation
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Author : H. Kumarasingham
language : en
Publisher: Routledge
Release Date : 2020-11-25
Liberal Ideals And The Politics Of Decolonisation written by H. Kumarasingham and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-25 with History categories.
Liberal Ideals and the Politics of Decolonisation explores the subject of liberalism and its uses and contradictions across the late British Empire, especially in the context of imperial dissolution and subsequent state- building. The book covers multiple regions and issues concerning the British Empire and the Commonwealth, in particular the period ranging from the late-nineteenth century to the late- twentieth century. Original intellectual contributions are offered along with new arguments on critical issues in imperial history that will appeal to a wide range of scholars, including those outside of history. Liberal Ideals and the Politics of Decolonisation exposes commonalities, contradictions and contexts of different types of liberalism that animated the late British Empire and its rulers, radicals, subjects and citizens as they attempted to forge new states from its shadow and understand the impact of imperialism. This book examines the complexities of the idea and quest for self-government in the last stages of the British Empire. It also argues the importance of the political, intellectual and empirical aspects of liberalism to understand the process of decolonisation. The chapters in this book were originally published in a special issue of The Journal of Imperial and Commonwealth History.
Bills Of Rights And Decolonization
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Author : Charles Parkinson
language : en
Publisher: Oxford University Press
Release Date : 2007-11-22
Bills Of Rights And Decolonization written by Charles Parkinson 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 2007-11-22 with History categories.
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
The Global South And Comparative Constitutional Law
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Author : Philipp Dann
language : en
Publisher: Oxford University Press
Release Date : 2020-10-30
The Global South And Comparative Constitutional Law written by Philipp Dann 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 2020-10-30 with Law categories.
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.