Constitutionalism of the global South : the activist tribunals of India, South Africa, and Colombia / edited by Daniel Bonilla Maldonado, Fordham University School of Law and Universidad de los Andes, School of Law.

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:

1 online resource (ix, 410 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2013.

System Details:

text file

PDF

Summary:

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, they are 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 courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these 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 differences on how they interpret and solve key constitutional problems.

Contents:

Introduction. Toward a constitutionalism of the Global South / Daniel Bonilla Maldonado

Constitutionalism, the Global South, and economic justice / David Bilchitz

The embedded negotiators : India's higher judiciary and socioeconomic rights / Shylashri Shankar

Economic and social rights of prisoners and constitutional court intervention in the penitentiary system of Colombia / Libardo José Ariza

Cultural diversity, "living law," and women's rights in South Africa / Cathi Albertyn

Keeping the faith : legitimizing democracy through judicial practices in India / Gurpreet Mahajan

Self-government and cultural identity : the Colombian constitutional court and the right of cultural minorities to prior consultation / Daniel Bonilla Maldonado

Courts and structural poverty in South Africa : to what extent has the constitutional court expanded access and remedies to the poor? / Jackie Dugard

Access to justice in India : the jurisprudence (and self-perception) of the Supreme Court / Menaka Guruswamy and Bipin Aspatwar

Access to constitutional justice in Colombia : opportunities and challenges for social and political change / Manuel Iturralde.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139567114

Access Restriction:

Restricted for use by site license.