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 315 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 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 Forms of Pluralism and Democratic Constitutionalism written by Andrew Arato and published by . This book was released on 2018 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state, discussing their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century and their capacity to deal with deep societal differences.
Download or read book The Inclusionary Turn in Latin American Democracies written by Diana Kapiszewski and published by Cambridge University Press. This book was released on 2021-02-04 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: Latin American states took dramatic steps toward greater inclusion during the late twentieth and early twenty-first Centuries. Bringing together an accomplished group of scholars, this volume examines this shift by introducing three dimensions of inclusion: official recognition of historically excluded groups, access to policymaking, and resource redistribution. Tracing the movement along these dimensions since the 1990s, the editors argue that the endurance of democratic politics, combined with longstanding social inequalities, create the impetus for inclusionary reforms. Diverse chapters explore how factors such as the role of partisanship and electoral clientelism, constitutional design, state capacity, social protest, populism, commodity rents, international diffusion, and historical legacies encouraged or inhibited inclusionary reform during the late 1990s and early 2000s. Featuring original empirical evidence and a strong theoretical framework, the book considers cross-national variation, delves into the surprising paradoxes of inclusion, and identifies the obstacles hindering further fundamental change.
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 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
Download or read book State of Crisis written by Zygmunt Bauman and published by John Wiley & Sons. This book was released on 2014-07-17 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today we hear much talk of crisis and comparisons are often made with the Great Depression of the 1930s, but there is a crucial difference that sets our current malaise apart from the 1930s: today we no longer trust in the capacity of the state to resolve the crisis and to chart a new way forward. In our increasingly globalized world, states have been stripped of much of their power to shape the course of events. Many of our problems are globally produced but the volume of power at the disposal of individual nation-states is simply not sufficient to cope with the problems they face. This divorce between power and politics produces a new kind of paralysis. It undermines the political agency that is needed to tackle the crisis and it saps citizens’ belief that governments can deliver on their promises. The impotence of governments goes hand in hand with the growing cynicism and distrust of citizens. Hence the current crisis is at once a crisis of agency, a crisis of representative democracy and a crisis of the sovereignty of the state. In this book the world-renowned sociologist Zygmunt Bauman and fellow traveller Carlo Bordoni explore the social and political dimensions of the current crisis. While this crisis has been greatly exacerbated by the turmoil following the financial crisis of 2007-8, Bauman and Bordoni argue that the crisis facing Western societies is rooted in a much more profound series of transformations that stretch back further in time and are producing long-lasting effects. This highly original analysis of our current predicament by two of the world’s leading social thinkers will be of interest to a wide readership.
Download or read book The Strategic Constitution written by Robert D. Cooter and published by Princeton University Press. This book was released on 2020-06-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
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 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 Reflections on Empire written by Antonio Negri and published by Polity. This book was released on 2008-07-08 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book from Antonio Negri, one of the most influential political thinkers writing today, provides a concise and accessible introduction to the key ideas of his recent work. Giving the reader a sense of the wider context in which Negri has developed the ideas that have become so central to current debates, the book is made up of five lectures which address a series of topics that are dealt with in his world-famous books empire, globalization, multitude, sovereignty, democracy. Reflections on Empire will appeal to anyone interested in current debates about the ways in which the world is changing today, to the many people who are followers of Negri's work and to students and scholars in sociology, politics and cultural studies.
Download or read book Authoritarian Constitutionalism written by Helena Alviar García and published by Edward Elgar Publishing. This book was released on 2019 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions to this book analyse and submit to critique authoritarian constitutionalism as an important phenomenon in its own right, not merely as a deviant of liberal constitutionalism. Accordingly, the fourteen studies cover a variety of authoritarian regimes from Hungary to Apartheid South Africa, from China to Venezuela; from Syria to Argentina, and discuss the renaissance of authoritarian agendas and movements, such as populism, Trumpism, nationalism and xenophobia. From different theoretical perspectives the authors elucidate how authoritarian power is constituted, exercised and transferred in the different configurations of popular participation, economic imperatives, and imaginary community.
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 Measuring Democracy written by Gerardo L. Munck and published by JHU Press. This book was released on 2009-04-15 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although democracy is a widely held value, concrete measurement of it is elusive. Gerardo L. Munck’s constructive assessment of the methods used to measure democracies promises to bring order to the debate in academia and in practice. Drawing on his years of academic research on democracy and measurement and his practical experience evaluating democratic practices for the United Nations and the Organization of American States, Munck's discussion bridges the theories of academia with practical applications. In proposing a more open and collaborative relationship between theory and action, he makes the case for reassessing how democracy is measured and encourages fundamental changes in methodology. Munck’s field-tested framework for quantifying and qualifying democracy is built around two instruments he developed: the UN Development Programme’s Electoral Democracy Index and a case-by-case election monitoring tool used by the OAS. Measuring Democracy offers specific, real-world lessons that scholars and practitioners can use to improve the quality and utility of data about democracy.
Download or read book Confronting Apartheid written by John Dugard and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking back over a long and distinguished career, John Dugard describes the work he undertook in defence of human rights by opposing the system of apartheid in South West Africa/Namibia and South Africa and more recently in occupied Palestine, which enforces a system that closely mirrors apartheid in South Africa. He shows how law was used by progressive lawyers in Namibia and South Africa to strike at the heart of apartheid. The entrenchment of a system of discrimination and oppression in occupied Palestine is carefully examined in the context of apartheid, but he ends on a note of hope that the international community, acting through civil society and the institutions of international law, will ensure that a just solution is found to this seemingly intractable problem.
Download or read book Constitutionalizing World Politics written by Karolina Milewicz and published by Cambridge University Press. This book was released on 2020-07-23 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
Download or read book Conquest Constitutionalism and Democratic Contestations written by Joel M. Modiri and published by Routledge. This book was released on 2024-10-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book explores the 'renegotiation' of the legal and constitutional foundations of post-1994 South Africa, raising 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.
