The Transformative Constitution
Title | The Transformative Constitution PDF eBook |
Author | Gautam Bhatia |
Publisher | Harper Collins |
Total Pages | 544 |
Release | 2019-02-28 |
Genre | Law |
ISBN | 9353026857 |
| Shortlisted for the Tata Literature Live Non-fiction Book of the Year Award and Hindu Prize for Non-fiction | We think of the Indian Constitution as a founding document, embodying a moment of profound transformation from being ruled to becoming a nation of free and equal citizenship. Yet the working of the Constitution over the last seven decades has often failed to fulfil that transformative promise.Not only have successive Parliaments failed to repeal colonial-era laws that are inconsistent with the principles of the Constitution, but constitutional challenges to these laws have also failed before the courts. Indeed, in numerous cases, the Supreme Court has used colonial-era laws to cut down or weaken the fundamental rights. The Transformative Constitution by Gautam Bhatia draws on pre-Independence legal and political history to argue that the Constitution was intended to transform not merely the political status of Indians from subjects to citizens, but also the social relationships on which legal and political structures rested. He advances a novel vision of the Constitution, and of constitutional interpretation, which is faithful to its text, structure and history, and above all to its overarching commitment to political and social transformation.
Transformative Constitutionalism in Latin America
Title | Transformative Constitutionalism in Latin America PDF eBook |
Author | Armin von Bogdandy |
Publisher | Oxford University Press |
Total Pages | 448 |
Release | 2017-06-16 |
Genre | Law |
ISBN | 0192515462 |
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Transformative Constitutionalism
Title | Transformative Constitutionalism PDF eBook |
Author | Oscar Vilhena |
Publisher | |
Total Pages | 667 |
Release | 2013 |
Genre | Constitutional courts |
ISBN | 9781920538231 |
Global Gender Constitutionalism and Women's Citizenship
Title | Global Gender Constitutionalism and Women's Citizenship PDF eBook |
Author | Ruth Rubio-Marin |
Publisher | Cambridge University Press |
Total Pages | 405 |
Release | 2022-10-06 |
Genre | Law |
ISBN | 1316827585 |
Constitutions around the world have overwhelmingly been the creation of men, but this book asks how far constitutions have affirmed the equal citizenship status of women or failed to do so. Using a wealth of examples from around the world, Ruth Rubio-Marín considers constitutionalism from its inception to the present day and places current debates in their vital historical context. Rubio-Marín adopts an inclusive concept of gender and sexuality, and discusses the constitutional gender order as it has been shaped by debates such those around same-sex marriage and the rights of trans persons. Covering a wide range of themes, from reproductive rights to political gender quotas and violence against women, this book offers a comprehensive feminist account of constitutional law. Truly international in scope and ambitious in subject matter, this is an invaluable resource for students and scholars working on gender within multiple disciplines.
Socio-economic Rights
Title | Socio-economic Rights PDF eBook |
Author | Sandra Liebenberg |
Publisher | Juta and Company Ltd |
Total Pages | 572 |
Release | 2010 |
Genre | Business & Economics |
ISBN | 9780702184802 |
Drawing on a wide range of interdisciplinary resources, this scholarly work provides an in-depth and thorough analysis of the socio-economic rights jurisprudence of the newly democratic South Africa. The book explores how the judicial interpretation and enforcement of socio-economic rights can be more responsive to the conditions of systemic poverty and inequality characterising South African society. Based on meticulous research, the work marries legal analysis with perspectives from political philosophy and democratic theory.
Rights and Democracy
Title | Rights and Democracy PDF eBook |
Author | Henk Botha |
Publisher | AFRICAN SUN MeDIA |
Total Pages | 271 |
Release | 2004-01-01 |
Genre | Political Science |
ISBN | 1919980024 |
The twelve essays in this book pay tribute to senior Harvard law professor Frank Michelman whose thinking ? and input ? on Constitutional Law has made a great contribution to constitutional development in South Africa. These essays are the work of some of the best practical and academic legal minds in this country and, given South Africa?s recent successes in this field, represent an advanced position in constitutional thinking in the world.
Global Environmental Constitutionalism
Title | Global Environmental Constitutionalism PDF eBook |
Author | James R. May |
Publisher | Cambridge University Press |
Total Pages | 427 |
Release | 2015 |
Genre | Business & Economics |
ISBN | 1107022258 |
Reflecting a global trend, scores of countries have affirmed that their citizens are entitled to healthy air, water, and land and that their constitution should guarantee certain environmental rights. This book examines the increasing recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts. This phenomenon, which the authors call environmental constitutionalism, represents the confluence of constitutional law, international law, human rights, and environmental law. National apex and constitutional courts are exhibiting a growing interest in environmental rights, and as courts become more aware of what their peers are doing, this momentum is likely to increase. This book explains why such provisions came into being, how they are expressed, and the extent to which they have been, and might be, enforced judicially. It is a singular resource for evaluating the content of and hope for constitutional environmental rights.