Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution


Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution


Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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Author : Ndjodi Ndeunyema
language : en
Publisher: New Generation Publishing
Release Date : 2021-11-05

Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema and has been published by New Generation Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-05 with Political Science categories.


This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu - which is legally developed through its four key principles of community, interdependence, dignity and solidarity - is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as 're-invigorative constitutionalism'. The book advances the 'AQuA' (adequacy - quality - accessibility) content of water and articulates the correlative duties within the context of the respect - protect - fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission's Principles and Guidelines on Social and Economic Rights, and the World Health Organisation's Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.



Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution


Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution
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FREE 30 Days

Author : Ndjodi Ndeunyema
language : en
Publisher: Pretoria University Law Press
Release Date : 2021-10-01

Re Invigorating Ubuntu Through Water A Human Right To Water Under The Namibian Constitution written by Ndjodi Ndeunyema and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-01 with Law categories.


This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.



Affirmative Action For Economically Weaker Sections And Upper Castes In Indian Constitutional Law


Affirmative Action For Economically Weaker Sections And Upper Castes In Indian Constitutional Law
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Author : Asang Wankhede
language : en
Publisher: Taylor & Francis
Release Date : 2022-09-30

Affirmative Action For Economically Weaker Sections And Upper Castes In Indian Constitutional Law written by Asang Wankhede and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-30 with Law categories.


This book examines the controversial 103rd Constitutional Amendment to the Indian Constitution that introduced an income and asset ownership-based new constitutional standard for determining backwardness marking a significant shift in the government’s social and public policy. It also analyses state level policies towards backwardness recognition of upper-caste dominant groups through case studies of Maharashtra, Haryana, and Gujarat. It provides an analytical and descriptive account of the proliferation of reservation policy in India and critiques these interventions to assess their implication on constitutional jurisprudence. Further, it assesses the theoretical and empirical challenges such developments pose to the principle of substantive equality and scope of affirmative action policies in Indian constitutional law and general discrimination law theory. The monograph shows how opening up of reservations for dominant upper-caste groups and general category will have implications for the constitutional commitment to addressing deeply entrenched marginalisation emanating from the traditional social hierarchy and the understanding of substantive equality in Indian Constitutional law. Further, it highlights key contradictions, incoherence, and internal tension in the design of the reservations for Economically Weaker Sections Critical, comprehensive, and cogently argued, this book will contribute and shape ongoing constitutional policy and judicial debates. It will be of great interest to scholars and researchers of law, Indian politics, affirmative action, social policy, and public policy.



Teaching International Law


Teaching International Law
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Author : Jean-Pierre Gauci
language : en
Publisher: Taylor & Francis
Release Date : 2024-06-26

Teaching International Law written by Jean-Pierre Gauci and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-26 with Law categories.


The practice of teaching international law is conducted in a wide range of contexts across the world by a host of different actors – including scholars, practitioners, civil society groups, governments, and international organisations. This collection brings together a diversity of scholars and practitioners to share their experiences and critically reflect on current practices of teaching international law across different contexts, traditions, and perspectives to develop existing conversations and spark fresh ones concerning teaching practices within the field of international law. Reflecting on the responsibilities of teachers of international law to engage with and confront histories, contemporary crises, and everyday events in their teaching, the collection explores efforts to decenter the teacher and the law in the classroom, opportunities for dialogical and critical approaches to teaching, and the possibilities of co-producing non-conventional pedagogies that question the mainstream underpinnings of international law teaching. Focusing on the tools and techniques used to teach international law to date, the collection examines the teaching of international law in different contexts. Traversing a range of domestic and regional contexts around the world, the book offers insights into both the culture of teaching in particular domestic settings, aswell as the structural challenges and obstacles that arise in terms of who, what, and how international law is taught in practice. Offering a unique window into the personal experiences of a diversity of scholars and practitioners from around the world, this collection aims to nurture conversations about the responsibilities, approaches, opportunities, and challenges of teaching international law.



University Of Oxford Human Rights Hub Journal


University Of Oxford Human Rights Hub Journal
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Author : Fudge Judy
language : en
Publisher:
Release Date : 2019-01-30

University Of Oxford Human Rights Hub Journal written by Fudge Judy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-30 with Law categories.




Indigenous Knowledge And The Integration Of Knowledge Systems


Indigenous Knowledge And The Integration Of Knowledge Systems
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Author : Catherine Alum Odora Hoppers
language : en
Publisher: New Africa Books
Release Date : 2002

Indigenous Knowledge And The Integration Of Knowledge Systems written by Catherine Alum Odora Hoppers and has been published by New Africa Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.


This book explores the role of the social and natural sciences in supporting the development of indigenous knowledge systems. It looks at how indigenous knowledge systems can impact on the transformation of knowledge generating institutions such as scientific and higher education institutions on the one hand, and the policy domain on the other.



Handbook Of African Educational Theories And Practices


Handbook Of African Educational Theories And Practices
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Author : A. Bame Nsamenang
language : en
Publisher: HDRC
Release Date : 2012

Handbook Of African Educational Theories And Practices written by A. Bame Nsamenang and has been published by HDRC this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Education categories.




The Spirit Of Freedom


The Spirit Of Freedom
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Author : Charles Villa-Vicencio
language : en
Publisher: Univ of California Press
Release Date : 2023-09-01

The Spirit Of Freedom written by Charles Villa-Vicencio and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-01 with Religion categories.


This collection of interviews explores the role of religion in the lives of eminent South Africans who led the struggle against apartheid. Nelson Mandela, Chris Hani, Desmond Tutu, Nadine Gordimer, and seventeen other political, religious, and cultural leaders share the beliefs and values that informed the moral positions they adopted, often at great cost. From all ethnic, religious, and political backgrounds, these men and women have shaped one of the greatest political transformations of the century. What emerges from the interviews are reflections on all aspects of life in an embattled country. There are stories of the homelands and townships, and tales of imprisonment and exile. Dedicated communists relate their intense youthful devotion to Christianity; Muslim activists discuss the complexity of their relationships with their communities. As the respondents grapple with difficult questions about faith, politics, and authority, they expose a more personal picture: of their daily lives, of their pasts, and of the enormous conflicts that arise in a society that continually strains the moral fiber of its citizens. Taken together, these interviews reveal the many-faceted vision that has fueled South Africa's struggle for democracy.



Global Governance And The Emergence Of Global Institutions For The 21st Century


Global Governance And The Emergence Of Global Institutions For The 21st Century
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Author : Augusto Lopez-Claros
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-23

Global Governance And The Emergence Of Global Institutions For The 21st Century written by Augusto Lopez-Claros 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 2020-01-23 with Law categories.


Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.



South Africa Pushed To The Limit


South Africa Pushed To The Limit
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Author : Hein Marais
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-07-04

South Africa Pushed To The Limit written by Hein Marais and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-04 with Political Science categories.


Since 1994, the democratic government in South Africa has worked hard at improving the lives of the black majority, yet close to half the population lives in poverty, jobs are scarce, and the country is more unequal than ever. For millions, the colour of people's skin still decides their destiny. In his wide-ranging, incisive and provocative analysis, Hein Marais shows that although the legacies of apartheid and colonialism weigh heavy, many of the strategic choices made since the early 1990s have compounded those handicaps. Marais explains why those choices were made, where they went awry, and why South Africa's vaunted formations of the left -- old and new -- have failed to prevent or alter them. From the real reasons behind President Jacob Zuma's rise and the purging of his predecessor, Thabo Mbeki, to a devastating critique of the country's continuing AIDS crisis, its economic path and its approach to the rights and entitlements of citizens, South Africa Pushed to the Limit presents a riveting benchmark analysis of the incomplete journey beyond apartheid.