Constitutionalism of the global South : the activist tribunals of India, South Africa, and Colombia / edited by Daniel Bonilla Maldonado.

Format:

Book

Contributor:

Bonilla Maldonado, Daniel, editor.

Language:

English

Subjects (All):

Political questions and judicial power--South Africa.

Political questions and judicial power.

Political questions and judicial power--India.

India.

Political questions and judicial power--Colombia.

Colombia.

South Africa.

Physical Description:

ix, 410 pages : illustrations ; 24 cm

Place of Publication:

New York : Cambridge University Press, 2013.

Summary:

"Addresses the jurisprudence of the three major courts of the Global South on the topics of access to justice, cultural diversity, and socioeconomic rights"-- Provided by publisher.

"The Indian Supreme Court, the South African Constitutional Court, and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa, and Latin America, these courts are widely seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these three courts are gradually creating what can be called a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these three Courts on three key topics: access to justice, cultural diversity, and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the important differences on how they interpret and solve key constitutional problems"-- Provided by publisher.

Contents:

Machine generated contents note: Part I. Introduction; Part II. Socio-economic Rights: 1. Constitutions and distributive justice: complimentary or contradictory? David Bilchitz; 2. The embedded negotiators: India's higher judiciary and socioeconomic rights Shylashri Shankar; 3. Economic and social rights, prisons, and the Colombian constitutional court Libardo Ariza; Part III. Cultural Diversity: 4. Cultural diversity, 'living law', and power: progress and contradictions Cathi Albertyn; 5. Keeping the faith: legitimizing democracy through judicial practices Gurpreet Mahajan; 6. Self-government and cultural identity: the Colombian constitutional court and the right to prior consultation Daniel Bonilla; Part IV. Access to Justice: 7. Courts and structural poverty in South Africa: has the constitutional court expanded access and remedies to the poor? Jackie Dugard; 8. Access to justice in India: the jurisprudence (and self-perception) of the Supreme Court Menaka Guruswamy and Bipin Aspatwa; 9. Access to constitutional justice in Colombia: opportunities and challenges for social and political change Manuel Iturralde.

Notes:

Includes bibliographical references and index.

ISBN:

9781107036215

1107036216

OCLC:

810773185

Online:

Contributor biographical information

Publisher description