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Decolonizing Constitutionalism
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Book Synopsis Decolonizing Constitutionalism by : Boaventura de Sousa Santos
Download or read book Decolonizing Constitutionalism written by Boaventura de Sousa Santos and published by Taylor & Francis. This book was released on 2023-07-31 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Bills of Rights and Decolonization by : Charles Parkinson
Download or read book Bills of Rights and Decolonization written by Charles Parkinson and published by Oxford University Press. This book was released on 2007-11-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Decolonizing Law written by Sujith Xavier and published by Routledge. This book was released on 2021-05-24 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transnational Constitution Making by : Alicia Pastor y Camarasa
Download or read book Transnational Constitution Making written by Alicia Pastor y Camarasa and published by Taylor & Francis. This book was released on 2024-06-14 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.
Book Synopsis The Global South and Comparative Constitutional Law by : Philipp Dann
Download or read book The Global South and Comparative Constitutional Law written by Philipp Dann and published by Oxford University Press. This book was released on 2020-10-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Far Right Today written by Cas Mudde and published by John Wiley & Sons. This book was released on 2019-10-25 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: The far right is back with a vengeance. After several decades at the political margins, far-right politics has again taken center stage. Three of the world’s largest democracies – Brazil, India, and the United States – now have a radical right leader, while far-right parties continue to increase their profile and support within Europe. In this timely book, leading global expert on political extremism Cas Mudde provides a concise overview of the fourth wave of postwar far-right politics, exploring its history, ideology, organization, causes, and consequences, as well as the responses available to civil society, party, and state actors to challenge its ideas and influence. What defines this current far-right renaissance, Mudde argues, is its mainstreaming and normalization within the contemporary political landscape. Challenging orthodox thinking on the relationship between conventional and far-right politics, Mudde offers a complex and insightful picture of one of the key political challenges of our time.
Book Synopsis Decolonizing Human Rights by : Abdullahi Ahmed An-Naim
Download or read book Decolonizing Human Rights written by Abdullahi Ahmed An-Naim and published by Cambridge University Press. This book was released on 2021-12-09 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.
Book Synopsis Decolonization, Self-Determination, and the Rise of Global Human Rights Politics by : A. Dirk Moses
Download or read book Decolonization, Self-Determination, and the Rise of Global Human Rights Politics written by A. Dirk Moses and published by Cambridge University Press. This book was released on 2020-07-16 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
Book Synopsis Global Canons in an Age of Contestation by :
Download or read book Global Canons in an Age of Contestation written by and published by Oxford University Press. This book was released on 2024-06-26 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.
Book Synopsis Research Handbook on Law, Movements and Social Change by : Steven A. Boutcher
Download or read book Research Handbook on Law, Movements and Social Change written by Steven A. Boutcher and published by Edward Elgar Publishing. This book was released on 2023-07-01 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and social movements provides an ideal lens for rethinking fundamental questions about the relationship between law and power. This Research Handbook takes up that challenge, framing a new, more global, dynamic, reflexive, and contextualised phase of social movement studies.
Book Synopsis Indigenous Peoples and the Future of Federalism by : Amy Swiffen
Download or read book Indigenous Peoples and the Future of Federalism written by Amy Swiffen and published by University of Toronto Press. This book was released on 2023-12-18 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a settler state, Canada’s claims to sovereign control over territory are contested by Indigenous claims to land and to self-determination. Indigenous Peoples and the Future of Federalism presents legal analyses that explore forms of federalism and their potential to include multiple and divided sovereignties. This collection aims to advance reconciliation with Indigenous peoples in Canada and elsewhere by developing jurisprudence on the possibilities for a nation-to-nation relationship between Indigenous nations and Crown sovereignty. Contributors use legal creativity to explore how federalism can be structured to include the constitutional jurisdiction of Indigenous nations. Several chapters are grounded in the Canadian context while others connect the issues to international law and other settler colonial jurisdictions, recognizing how Indigenous resistance to settler laws and government decisions can at the same time be the enactment of Indigenous legalities and constitutional cultures. Ultimately, Indigenous Peoples and the Future of Federalism offers innovative ways for Canada to move forward from this challenge using existing constitutional mechanisms to give life to a plurinational Canadian federalism inclusive of the jurisdiction of Indigenous peoples.
Book Synopsis Decolonizing Constitutionalism by : Boaventura de Sousa Santos
Download or read book Decolonizing Constitutionalism written by Boaventura de Sousa Santos and published by Taylor & Francis. This book was released on 2023-07-31 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Disserted written by Dunia Zongwe and published by African Books Collective. This book was released on 2023-09-30 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disserted is a groundbreaking, comprehensive book that guides LL.B students on how to craft a first-class dissertation. It tackles head-on the triple crisis faced by law students in developing nations - a crisis of doubting, thinking, and writing This crisis manifests itself in the form of poorly written dissertations. This is the first book to show how to practically assemble a dissertation from the perspective of decoloniality. This makes Disserted uniquely suited to students from the Global South, considering that decoloniality empowers them to overcome the triple crisis. Indeed, its originality in presenting practical advice and decolonial theory sets this book apart from the handful of guides on LL.B dissertations. Existing resources and manuals are filled with generalities and lack in practicality. Written in student-friendly prose, its 23 chapters cover a wide range of topics. including research proposals, topic selection, purpose and problem statements. literature reviews, digital tools and models powered by artificial intelligence (AI), the basics of legal prompt engineering, plagiarism, grammar, and research methods. Each chapter offers secrets and deep insights, drawing from the author's extensive experience in supervising LL.B dissertations and research papers, notably in Southern Africa and India. Though primarily targeting LL.B students, Disserted also serves as an essential companion and indispensable resource for supervisors, law professors, jurists, and anyone interested in unraveling the complexities of writing dissertations. Overall, Disserted underscores the importance of structured dissertation writing coupled with a decolonized research approach that subverts dominant perspectives, exposes the role of Al and technology in entrenching the coloniality of knowledge, and fosters a broader understanding of law.
Book Synopsis Can Liberal States Accommodate Indigenous Peoples? by : Duncan Ivison
Download or read book Can Liberal States Accommodate Indigenous Peoples? written by Duncan Ivison and published by Polity. This book was released on 2020-01-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The original – and often continuing – sin of countries with a settler colonial past is their brutal treatment of indigenous peoples. This challenging legacy continues to confront modern liberal democracies ranging from the USA and Canada to Australia, New Zealand and beyond. Duncan Ivison’s book considers how these states can justly accommodate indigenous populations today. He shows how indigenous movements have gained prominence in the past decade, driving both domestic and international campaigns for change. He examines how the claims made by these movements challenge liberal conceptions of the state, rights, political community, identity and legitimacy. Interweaving a lucid introduction to the debates with his own original argument, he contends that we need to move beyond complaints about the ‘politics of identity’ and towards a more historically and theoretically nuanced liberalism better suited to our times. This book will be a key resource for students and scholars interested in political theory, historic injustice, Indigenous studies and the history of political thought.
Download or read book Abortion Politics written by Ziad Munson and published by John Wiley & Sons. This book was released on 2018-05-21 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abortion has remained one of the most volatile and polarizing issues in the United States for over four decades. Americans are more divided today than ever over abortion, and this debate colors the political, economic, and social dynamics of the country. This book provides a balanced, clear-eyed overview of the abortion debate, including the perspectives of both the pro-life and pro-choice movements. It covers the history of the debate from colonial times to the present, the mobilization of mass movements around the issue, the ways it is understood by ordinary Americans, the impact it has had on US political development, and the differences between the abortion conflict in the US and the rest of the world. Throughout these discussions, Ziad Munson demonstrates how the meaning of abortion has shifted to reflect the changing anxieties and cultural divides which it has come to represent. Abortion Politics is an invaluable companion for exploring the abortion issue and what it has to say about American society, as well as the dramatic changes in public understanding of women’s rights, medicine, religion, and partisanship.
Book Synopsis Pursuing Social Justice Agendas in Caribbean Higher Education by : Talia R. Esnard
Download or read book Pursuing Social Justice Agendas in Caribbean Higher Education written by Talia R. Esnard and published by Taylor & Francis. This book was released on 2024-09-05 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a treatment of social justice and higher education within small island developing states like the Caribbean. This is a timely exploration of some of the global-local, structure-actor, policy-practice debates that connect directly to the promise and the challenges of pursuing social justice agendas within and beyond Caribbean institutions of higher education. In this book, the key points of examination are the (i) changing patterns within the global higher education landscape, emerging mandates for university systems, (ii) the perspectives and challenges for diverse student and staff populations, and (iii) the ways in which these collectively impact social justice agendas within institutions of higher education. The contextualization and politicization of these issues within the broader discourse of small island developing states deepens the understanding of the prospects and challenges of addressing social injustices within the contemporary landscape, but with some re-engagement of existing conceptions and theorizations (related to inclusivity, diversity, equity, ontology, coloniality, postcolonial and critical race theory) to inform how actors within these institutions can strategically respond. It will be vital reading for scholars and educational researchers with interests in higher education, social justice, and small island developing states (SIDS).
Book Synopsis Decolonizing Epistemologies by : Ada María Isasi-Díaz
Download or read book Decolonizing Epistemologies written by Ada María Isasi-Díaz and published by Fordham Univ Press. This book was released on 2012 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology gathers the work of three generations of Latina/o theologians and philosopher who have taken up the task of decolonizing epistemology by transforming their respective disciplines from the standpoint liberation thought and of what has been called the "decolonial turn" in social theory, theology, and philosophy. At the heart of this collection is the unveiling of subjugated knowledge elaborated by Latina/o scholars who take seriously their social location and that of their communities of accountability and how these impact the development of a different episteme. Refusing to continue to allow to be made invisible by the dominant discourse, this group of scholars show the unsuspecting and original ways in which Latina/o social and historical loci in the US are generative places for the creation of new matrixes of knowledge. The book articulates a new point of departure for the self-understanding of Latina/os, for other marginalized and oppress groups, and for all those seeking to engage the move beyond coloniality as it continues to be present in this age of globalization.
