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The Global South and Comparative Constitutional Law

Edited by: Philipp Dann, Michael Riegner, Maxim Boennemann

ISBN13: 9780198850403
Published: October 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £80.00



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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.

Subjects:
Constitutional and Administrative Law
Contents:
1: The Southern Turn in Comparative Constitutional Law: An Introduction, Philipp Dann, Michael Riegner, Maxim Bönnemann
Theorizing the Global South in Comparative Constitutional Law
2: Facing South: On the Significance of an/other Modernity in Comparative Constitutional Law, Florian Hoffmann
3: (Global) Constitutionalism and the Geopolitics of Knowledge, Christine Schwöbel-Patel
4: Comparing as (Re-)imagining: Southern Perspective and the World of Constitutions, Zoran Oklopcic
5: Legal Innovation as a Global Public Good: Remaking Comparative Law as Indigenization, Jedidiah Kroncke
Themes of Constitutionalism in the Global South
6: Transformative Constitutionalism as a Model for Africa?, Heinz Klug
7: Transformative Constitutionalism: A View from Brazil, Diego Werneck Arguelhes
8: Postcolonial Proportionality: Jahar, Transformative Constitutionalism and Same Sex Rights in India, Sujit Choudhry
9: Socio-Economic Rights and Expanding Access to Justice in South Africa: What Can Be Done?, David Bilchitz
10: Inequality and the Constitution: From Equality to Social Rights, Roberto Gargarella
11: Same Bed, Different Dreams: Constitutionalism and Legality in Asian Hybrid Regimes, Weitseng Chen
12: The Challenges of Transforming Mexican Authoritarian Constitutionalism, Roberto Niembro Ortega