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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 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.
Book Synopsis Constitution-making in Asia by : H. Kumarasingham
Download or read book Constitution-making in Asia written by H. Kumarasingham and published by Routledge. This book was released on 2016-03-31 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 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.
Book Synopsis Decolonizing Freedom by : Allison Weir
Download or read book Decolonizing Freedom written by Allison Weir and published by Oxford University Press. This book was released on 2024 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom is celebrated as the definitive ideal of modern western civilization. Yet in western thought and practice, freedom has been defined through opposition to the unfreedom of most of the world's people. Allison Weir draws on Indigenous political theories and practices of decolonization in dialogue with western theories, to reconstruct a tradition of relational freedom as a distinctive political conception of freedom: a radically democratic mode of engagement and participation in social and political relations with an infinite range of strange and diverse beings perceived as free agents in interdependent relations in a shared world.
Book Synopsis Global Constitutional Narratives of Autonomous Regions by : Jason Buhi
Download or read book Global Constitutional Narratives of Autonomous Regions written by Jason Buhi and published by Routledge. This book was released on 2021-03-30 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: With international attention focused on Hong Kong, many forget that Macau also exists in a delicate `one country, two systems’ (OCTS) balance with mainland China. This book provides insights into the circumstances surrounding the less-understood half of China’s OCTS policy, including the stagnation of representational government, and the location of any Macau characteristics in the Macau Basic Law. Despite being Hong Kong’s sister `Special Administrative Region’ (SAR) within the People’s Republic of China, Macau’s unique constitutional development under Portuguese and Chinese administration remains under-appreciated despite its potential contributions to local, national, and international constitutional discourse. Utilizing a multi-disciplinary approach including doctrinal, historical, and comparative methodologies, this work fills that gap. The research blends Portuguese, Chinese, and foreign-language sources in order to reconstruct a balanced constitutional narrative. The book focuses on a consequential effect of globalization – that is, the assimilation of a longstanding and unique constitutional order by a new hegemonic sovereign – including processes for internationalization as China opened up, legal harmonization of two distinct legal and socioeconomic orders, juridification of local affairs with the establishment of a new local court system in preparation for handover to the Chinese regime, and democratization (or the lack thereof) among the various communities comprising the Macanese polity before and since. Focusing on Macau’s unique development at the crux of European and Chinese empires, and the role it plays as a mirror for Chinese intentions vis-a-vis Hong Kong today, the book will be of interest to those working in Constitutional Law, Politics and History.
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.
Book Synopsis Deconstructive Constitutionalism by : Jacques de Ville
Download or read book Deconstructive Constitutionalism written by Jacques de Ville and published by State University of New York Press. This book was released on 2023-01-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deconstructive Constitutionalism explores the relationship between the thinking of Immanuel Kant and Jacques Derrida concerning modern constitutionalism. Kant is widely recognized as one of the philosophical forebears of modern constitutionalism; that is, the notion that state powers should be defined and limited through a constitution. Kant laid the foundation of constitutionalism through his exposition of freedom, practical reason, and moral law. However, constitutionalism is under severe strain due to the challenges posed by inter alia climate change, global health, global conflict, authoritarianism, authoritarian populism, religious fundamentalism, migration, and inequality. Deconstructive Constitutionalism investigates, by way of Derrida's engagements with Kant, how the foundations of constitutionalism can be conceived differently to address some of these twenty-first-century challenges. The book examines the possible implications of such a re-reading of Kant for democracy, the human-animal relation, criminal law and punishment, as well as for a global constitutional order.
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 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 235 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 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.
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 The DNA of Constitutional Justice in Latin America by : Daniel M. Brinks
Download or read book The DNA of Constitutional Justice in Latin America written by Daniel M. Brinks and published by Cambridge University Press. This book was released on 2018-04-19 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.
Book Synopsis The Collected Works of Jeremy Bentham: Colonies, Commerce, and Constitutional Law by : Jeremy Bentham
Download or read book The Collected Works of Jeremy Bentham: Colonies, Commerce, and Constitutional Law written by Jeremy Bentham and published by Clarendon Press. This book was released on 1995-12-14 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important studies of colonialism written in the nineteenth century, Colonies, Commerce, and Constitutional Law is a major theoretical analysis of the harmful effects of colonies on commerce and constitutional democracy. The four pioneering essays collected in this volume were written by Bentham in the early 1820s; three have never been published before.
Book Synopsis The Politics of Constitutional Decolonization: Jamaica, 1944-62 by : Trevor Munroe
Download or read book The Politics of Constitutional Decolonization: Jamaica, 1944-62 written by Trevor Munroe and published by . This book was released on 1972 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State and Constitutionalism by : Issa G. Shivji
Download or read book State and Constitutionalism written by Issa G. Shivji and published by Sapes Trust. This book was released on 1991 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutionalism and National Question by :
Download or read book Constitutionalism and National Question written by and published by . This book was released on 2000 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:
