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The Constitution of South Africa
South Africa's 1996 'Final' Constitution is widely recognised as the crowning achievement of the country's dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed v...
Research Handbook on Modern Legal Realism
This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law. It explores an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with and examination of how different social science disciplines intersect with NLR.
Constituting Democracy
This book explores the role of constitutionalism in facilitating political change in South Africa.
The Road to Democracy in South Africa: 1970-1980
v. 3: The third volume in the series examines the role of anti-apartheid movements around the world. The global anti-apartheid movement was very successful in creating awareness of the liberation struggle in South Africa, and in contributing to the downfall of the apartheid government. This volume, in 2 parts, brings together analyses which in the main are written by activist scholars with deep roots in the movements and organizations they are writing about.
Constitutional Triumphs, Constitutional Disappointments
Evaluates the successes and failures of the 1996 South African Constitution following the twentieth anniversary of its enactment.
A Theory of African Constitutionalism
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and ho...
Apartheid Spies and the Revolutionary Underground
On 28 June 1984 a parcel bomb sent by the apartheid security police exploded in an apartment building in Lubango, Angola, killing 36-year-old Jeanette Schoon and her six-year-old daughter Katryn. The Schoons were members of the revolutionary underground, exiled from South Africa and committed to both the African National Congress and to socialism. What many political activists had feared or suspected at the time was confirmed during the 1990s Truth and Reconciliation Commission: the bomb targeting the Schoons was sent by Craig Williamson, an apartheid spy and high-ranking member of the South African security service. Apartheid Spies and the Revolutionary Underground is the first book-length ...
Canada in the World
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
The Constitutional System of the Hong Kong SAR
This book provides an account of the evolving constitutional arrangement known as "One Country, Two Systems", as practised in the Hong Kong Special Administrative Region of the People's Republic of China (PRC). The British colony of Hong Kong, one of the "Four Little Dragons" of East Asia, reverted to Chinese rule in 1997. Since then, Hong Kong has continued to be an international financial centre, a free market, and a cosmopolitan city. At the same time, the tensions and contradictions inherent in "One Country, Two Systems" have given rise to constitutional controversies and social movements, culminating in the Umbrella movement of 2014, the anti-extradition law movement of 2019, the enactm...
Law and Globalization from Below
This book is an unprecedented attempt to analyze the role of the law in the global movement for social justice. Case studies in the book are written by leading scholars from both the global South and the global North, and combine empirical research on the ground with innovative sociolegal theory to shed new light on a wide array of topics. Among the issues examined are the role of law and politics in the World Social Forum; the struggle of the anti-sweatshop movement for the protection of international labour rights; and the challenge to neoliberal globalization and liberal human rights raised by grassroots movements in India and indigenous peoples around the world. These and other cases, the editors argue, signal the emergence of a subaltern cosmopolitan law and politics that calls for new social and legal theories capable of capturing the potential and tensions of counter-hegemonic globalization.
