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The Limits of Constitutional Democracy
Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power an...
Women, Economic Development, and Higher Education
This book is a multi-disciplinary exploration of the intersection, relationship, and connection between higher education, economic development, and gender in post-Apartheid South Africa. In just twenty years, South Africa has rewritten its constitution, restructured its macroeconomic growth and development policies, restructured its higher education system, and made a commitment to provide opportunity for all its citizens, specifically those who have historically been marginalized, women and blacks. Eynon weaves together these unique perspectives to illustrate how these multiple domains map onto women and the critical role they play in the present and future of the country. Gender equality and women’s empowerment and education were considered key drivers to South Africa’s transformation.
Constitutionalism and Democratic Transitions
"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
Ruth First and Joe Slovo in the War Against Apartheid
Ruth First and Joe Slovo, husband and wife, were leaders of the war to end apartheid in South Africa. Communists, scholars, parents, and uncompromising militants, they were the perfect enemies for the white police state. Together they were swept up in the growing resistance to apartheid, and together they experienced repression and exile. Their contributions to the liberation struggle, as individuals and as a couple, are undeniable. Ruth agitated tirelessly for the overthrow of apartheid, first in South Africa and then from abroad, and Joe directed much of the armed struggle carried out by the famous Umkhonto we Sizwe. Only one of them, however, would survive to see the fall of the old regim...
Westminster and the World
Constitutional scholar Elliot Bulmer considers what Britain might learn from Westminster-derived constitutions around the world. Exploring the principles of Westminster Model constitutions and their impact on democracy, human rights and good government, this book builds to a bold re-imagining of the United Kingdom’s future written framework.
Constituting Democracy
This book explores the role of constitutionalism in facilitating political change in South Africa.
The Politics of Principle
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
Revolutionary Constitutions
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 bl...
Judicial Cosmopolitanism
Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.
Constitutional Processes and Democratic Commitment
From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution†‘writing.
