Decolonizing Constitutionalism
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| Author | : Boaventura de Sousa Santos |
| Publisher | : Taylor & Francis |
| Total Pages | : 355 |
| Release | : 2023-07-31 |
| Genre | : Political Science |
| ISBN | : 1000914097 |
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.
| Author | : Ali Meghji |
| Publisher | : John Wiley & Sons |
| Total Pages | : 130 |
| Release | : 2021-01-07 |
| Genre | : Social Science |
| ISBN | : 1509541969 |
Sociology, as a discipline, was born at the height of global colonialism and imperialism. Over a century later, it is yet to shake off its commitment to colonial ways of thinking. This book explores why, and how, sociology needs to be decolonized. It analyses how sociology was integral in reproducing the colonial order, as dominant sociologists constructed theories either assuming or proving the supposed barbarity and backwardness of colonized people. Ali Meghji reveals how colonialism continues to shape the discipline today, dominating both social theory and the practice of sociology, how exporting the Eurocentric sociological canon erased social theories from the Global South, and how sociologists continue to ignore the relevance of coloniality in their work. This guide will be necessary reading for any student or proponent of sociology. In opening up the work of other decolonial advocates and under-represented thinkers to readers, Meghji offers key suggestions for what teachers and students can do to decolonize sociology. With curriculum reform, innovative teaching and a critical awareness of these issues, it is possible to make sociology more equitable on a global scale.
| Author | : Charles Parkinson |
| Publisher | : Oxford University Press |
| Total Pages | : 314 |
| Release | : 2007-11-22 |
| Genre | : History |
| ISBN | : 0199231931 |
"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.
| Author | : Sujith Xavier |
| Publisher | : Routledge |
| Total Pages | : 271 |
| Release | : 2021-05-24 |
| Genre | : Law |
| ISBN | : 100039655X |
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.
| Author | : Alicia Pastor y Camarasa |
| Publisher | : Taylor & Francis |
| Total Pages | : 228 |
| Release | : 2024-06-14 |
| Genre | : Law |
| ISBN | : 1040035752 |
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.
| Author | : Philipp Dann |
| Publisher | : Oxford University Press |
| Total Pages | : 320 |
| Release | : 2020-10-30 |
| Genre | : Law |
| ISBN | : 019259074X |
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.
| Author | : Abdullahi Ahmed An-Naim |
| Publisher | : Cambridge University Press |
| Total Pages | : 157 |
| Release | : 2021-12-09 |
| Genre | : Law |
| ISBN | : 1108417132 |
This book advances practical protection of human rights, and challenge claims of western monopoly of human rights discourse.
| Author | : Cas Mudde |
| Publisher | : John Wiley & Sons |
| Total Pages | : 132 |
| Release | : 2019-10-25 |
| Genre | : Philosophy |
| ISBN | : 150953685X |
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.
| Author | : A. Dirk Moses |
| Publisher | : Cambridge University Press |
| Total Pages | : 449 |
| Release | : 2020-07-16 |
| Genre | : History |
| ISBN | : 1108479359 |
Leading scholars demonstrate how colonial subjects, national liberation movements, and empires mobilized human rights language to contest self-determination during decolonization.
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 641 |
| Release | : 2024-06-26 |
| Genre | : Law |
| ISBN | : 0192691023 |
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.
