Towards A Peoples Constitution For Botswana
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Author | : Oagile Bethuel Key Dingake |
Publisher | : Notion Press |
Total Pages | : 81 |
Release | : 2020-08-07 |
Genre | : Law |
ISBN | : 1649516320 |
Towards a People’s Constitution for Botswana proposes a transformative constitution for Botswana; a constitution that will have in its new bill of rights not only civil and political rights but socio-economic and cultural rights too. A constitution that will enhance the independence of Parliament and the Judiciary amongst other pillars of democracy. In this book, Judge Dingake acknowledges that although Botswana’s first constitution has served the country well, the time has now arisen for a new constitution that is consistent with the aspirations of the people to live under vibrant, participatory and accountable government of the people by the people. The book sets out in clear terms the constitution-making process that must be followed and the principles that must be enshrined in the new constitution. As a comparison, the book reflects on the constitution-making processes of some countries in Africa, such as South Africa, Namibia, Malawi, Tanzania, Kenya, Zambia, and Zimbabwe.
Author | : Aarif Abraham |
Publisher | : BoD – Books on Demand |
Total Pages | : 382 |
Release | : 2021-04-30 |
Genre | : Political Science |
ISBN | : 3838215168 |
Britain does not have a written constitution. It has rather, over centuries, developed a set of miscellaneous conventions, rules, and norms that govern political behavior. By contrast, Bosnia’s constitution was written, quite literally, overnight in a military hanger in Dayton, USA, to conclude a devastating war. By most standards it does not work and is seen to have merely frozen a conflict and all development with it. What might these seemingly unrelated countries be able to teach each other? Britain, racked by recent crises from Brexit to national separatism, may be able to avert long-term political conflict by understanding the pitfalls of writing rigid constitutional rules without popular participation or the cultivation of good political culture. Bosnia, in turn, may be able to thaw its frozen conflict by subjecting parts of its written constitution to amendment, with civic involvement, on a fixed and regular basis; a ’revolving constitution’ to replicate some of that flexibility inherent in the British system. A book not just about Bosnia and Britain; a standard may be set for other plural, multi-ethnic polities to follow.
Author | : Allan C. Hutchinson |
Publisher | : University of Toronto Press |
Total Pages | : 220 |
Release | : 2021 |
Genre | : Constitutional law |
ISBN | : 1487507933 |
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author | : Rohit De |
Publisher | : Princeton University Press |
Total Pages | : 308 |
Release | : 2020-08-04 |
Genre | : History |
ISBN | : 0691210381 |
It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Author | : Amanda Cats-Baril |
Publisher | : International Institute for Democracy and Electoral Assistance (International IDEA) |
Total Pages | : 228 |
Release | : 2020-08-09 |
Genre | : Law |
ISBN | : 9176713245 |
The Indigenous Peoples’ Rights in Constitutions Assessment Tool helps users to analyse a constitution from the perspective of indigenous peoples’ rights. Using a series of questions, short explanations and example provisions from constitutions around the world, the Assessment Tool guides its users through the text of a constitution and allows for systematic analysis of the language and provisions of a constitutional text to assess how robustly indigenous peoples’ rights are reflected in it. A constitution articulates a vision that reflects a state’s values and history, as well as its aspirational objectives for the future. As the supreme law of a state, the constitution defines its structure and institutions, distributes political power, and recognizes and protects fundamental rights, critically determining the relationship between citizens and governments. Embedding in a constitution recognition of and rights-based protections for specific groups, such as indigenous peoples, can give these groups and their rights enhanced protection. This can be furthered by providing for specialized institutions and processes to deepen the realization of those rights in practice.
Author | : Zibani Maundeni |
Publisher | : |
Total Pages | : 258 |
Release | : 2005 |
Genre | : History |
ISBN | : |
Author | : Laurence H. TRIBE |
Publisher | : Harvard University Press |
Total Pages | : 157 |
Release | : 2009-06-30 |
Genre | : Political Science |
ISBN | : 0674044452 |
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.
Author | : Zibani Maundeni |
Publisher | : |
Total Pages | : 198 |
Release | : 2008 |
Genre | : Government accountability |
ISBN | : |
Author | : Ran Hirschl |
Publisher | : Harvard University Press |
Total Pages | : 306 |
Release | : 2009-06-30 |
Genre | : Law |
ISBN | : 9780674038677 |
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Author | : Bruce Ackerman |
Publisher | : Harvard University Press |
Total Pages | : 473 |
Release | : 2019-05-13 |
Genre | : Political Science |
ISBN | : 0674238842 |
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.