Download or read book Conquest Constitutionalism and Democratic Contestations written by Joel M. Modiri and published by Routledge. This book was released on 2020-05-21 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Scales of Memory written by Justin Collings and published by Oxford University Press. This book was released on 2021-01-05 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Comparative Constitutional History written by Francesco Biagi and published by BRILL. This book was released on 2022-12-05 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Beyond Expropriation Without Compensation written by Olaf Zenker and published by Cambridge University Press. This book was released on 2024-04-04 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Speeding up land reform through a constitutional amendment that would explicitly permit the expropriation of land without compensation has dominated legal and political-policy debates in South Africa in recent years. Taking this politically and emotionally charged issue as its starting point, this volume offers both expert commentary on this issue from a variety of disciplinary perspectives and also fresh ideas on how to advance the redistributive transformation that South Africa so urgently needs. It brings critically important debates around transformative property law, the need for diversified land justice and the possibilities of alternative forms of redistribution into productive conversation with each other. While grounded in the complex realities of South Africa's past and present, the volume speaks to concerns that resonate in many contexts in the Global South and beyond. It will appeal to scholars, students, policymakers and general readers concerned with both the theory and practice of redistributive justice. This title is also available as Open Access on Cambridge Core.
Download or read book Gendered Citizenship written by Natasha Behl and published by Oxford University Press. This book was released on 2019-07-03 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been shown time and again that even though all citizens may be accorded equal standing in the constitution of a liberal democracy, such a legal provision hardly guarantees state protections against discrimination and political exclusion. More specifically, why do we find pervasive gender-based discrimination, exclusion, and violence in India when the Indian Constitution supports an inclusive democracy committed to gender and caste equality? In Gendered Citizenship, Natasha Behl offers an examination of Indian citizenship that weaves together an analysis of sexual violence law with an in-depth ethnography of the Sikh community to explore the contradictory nature of Indian democracy--which gravely affects its institutions and puts its citizens at risk. Through a situated analysis of citizenship, Behl upends longstanding academic assumptions about democracy, citizenship, religion, and gender. This analysis reveals that religious spaces and practices can be sites for renegotiating democratic participation, but also uncovers how some women engage in religious community in unexpected ways to link gender equality and religious freedom as shared goals. Gendered Citizenship is a groundbreaking inquiry that explains why the promise of democratic equality remains unrealized, and identifies potential spaces and practices that can create more egalitarian relations.
Download or read book Lion s Share written by Veit Erlmann and published by Duke University Press. This book was released on 2022-10-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the aftermath of apartheid, South Africa undertook an ambitious revision of its intellectual property system. In Lion’s Share Veit Erlmann traces the role of copyright law in this process and its impact on the South African music industry. Although the South African government tied the reform to its postapartheid agenda of redistributive justice and a turn to a postindustrial knowledge economy, Erlmann shows how the persistence of structural racism and Euro-modernist conceptions of copyright threaten the viability of the reform project. In case studies ranging from antipiracy police raids and the crafting of legislation to protect indigenous expressive practices to the landmark lawsuit against Disney for its appropriation of Solomon Linda’s song "Mbube" for its hit “The Lion Sleeps Tonight” from The Lion King, Erlmann follows the intricacies of musical copyright through the criminal justice system, parliamentary committees, and the offices of a music licensing and royalty organization. Throughout, he demonstrates how copyright law is inextricably entwined with race, popular music, postcolonial governance, indigenous rights, and the struggle to create a more equitable society.
Download or read book Memorialising the Holocaust in Human Rights Museums written by Katrin Antweiler and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-04-27 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of the forms and functions of Holocaust memorialisation in human rights museums by asking about the impact of global memory politics on how we imagine the present and the future. It compares three human rights museums and their respective emplotment of the Holocaust and seeks to illuminate how, in this specific setting, memory politics simultaneously function as future politics because they delineate a normative ideal of the citizen-subject, its set of values and aspirations for the future: that of the historically aware human rights advocate. More than an ethical practice, engaging with the Holocaust is used as a means of asserting one’s standing on "the right side of history"; the memorialisation of the Holocaust has thus become a means of governmentality, a way of governing contemporary citizen-subjects. The linking of public memory of the Holocaust with the human rights project is often presented as highly beneficial for all members of what is often called the "global community". Yet this book argues that this specific constellation of memory also has the ability to function as an exercise of power, and thus runs the risk of reinforcing structural oppression. With its novel theoretical approach this book not only contributes to Memory Studies but also connects Holocaust memory to Studies of Global Governmentality and the debate on decolonising memory politics.
Download or read book The Land is Ours written by Tembeka Ngcukaitobi and published by Penguin Books. This book was released on 2018 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Pretoria Student Law Review 2021 15 written by Phenyo Nomasonto Morweši Sekati and published by Pretoria University Law Press. This book was released on 2022-01-01 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication I am delighted to present to you, the reader, the fifteenth edition of the Pretoria Student Law Review (PSLR) with its Special Section on ‘Social Justice and COVID-19’. This year’s Annual Edition, together with the developments made during the year, is a testament to the growth, resilience, and adaptability of this student-driven initiative especially during these turbulent times. This year has also been one of reflection and remembrance as we publish this edition in tribute to the late Professor Christof Heyns whose instrumentality in the establishment of the Pretoria University Law Press (PULP) has brought us to where we are today. Fourteen years since its inception and the PSLR still continues to grow and evolve whilst remaining true to its thriving legacy in fostering excellence and innovation through legal writing. This publication’s uniqueness is also presented through its diverse contributions all addressing contemporary societal and legal issues under a broad range of legal disciplines. In an era of many continued ‘firsts’, the PSLR has strived to build on the legacy of its predecessors by expanding on the Journal’s visibility and accessibility. The PSLR’s digital presence has now grown substantially leading to an increase in quality submissions from institutions across the country. This year, the PSLR launched its first independent website and developed an official logo for the Journal and its online platforms. Authors are now able to submit their papers through the Open Journals System platform, track their workflow, manage their submissions, and submit at any time outside of the PSLR’s official call for submissions. We can firmly submit that we have, in pursuance of being a DHET accredited journal, fulfilled the standards set out by the Department of Higher Education and Training. Many thanks are extended to Makone Maja for developing the website. Your patience, guidance, and geniality are truly appreciated. Thank you also to Jakolien Strydom and ClickCreate for your charitable assistance in developing and designing the logo. To the authors, this year has, in many respects, been challenging with many of those challenges affecting students directly. We appreciate the dedicated efforts put into your submissions and your wholehearted cooperation throughout the entire process. Much appreciation is also extended to the reviewers who have selflessly committed to assisting the PSLR during the peer-review process. To all of the reviewers, your input, guidance, and recommendations are greatly appreciated. Phenyo Nomasonto Morwesi Sekati Editor-in-Chief 2020
Download or read book Transitional Justice Distributive Justice and Transformative Constitutionalism written by David Bilchitz and published by Oxford University Press. This book was released on 2024-02-28 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.
Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
Download or read book Constitutionalism and Democratic Transitions written by Veronica Federico and published by Firenze University Press. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
Download or read book The Conceptual Politics of Democracy Promotion written by Christopher Hobson and published by Routledge. This book was released on 2012-03-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the frameworks underlying different notions of democracy, and how these influence political decisions.
Download or read book Rise of Democracy written by Christopher Hobson and published by Edinburgh University Press. This book was released on 2015-10-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores democracy's remarkable rise from obscurity to centre stage in contemporary international relations, from the rogue democratic state of 18th Century France to Western pressures for countries throughout the world to democratise.
Download or read book Constitutionalism in Context written by David S. Law and published by . This book was released on 2022-02-09 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Disenfranchising Democracy written by David A. Bateman and published by Cambridge University Press. This book was released on 2018-10-25 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disenfranchising Democracy examines the exclusions that accompany democratization and provides a theory of the expansion and restriction of voting rights.
Download or read book Democracy written by Inter-parliamentary Union and published by Inter-Parliamentary Union. This book was released on 1998 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles to realization - Cherif Bassiouni
