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Building the Constitution
A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.
Due Process of Lawmaking
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.
Global Canons in an Age of Contestation
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be...
The Collaborative Constitution
Using a theoretical and comparative perspective, Aileen Kavanagh argues that protecting rights in a constitutional democracy is a collaborative enterprise between all three branches of government: the Executive, legislature, and courts. With examples from multiple jurisdictions, this book documents the dynamics of collaborative constitutionalism.
A Good Gene Pool of the Eastern Shore of Virginia and Maryland
Edmund Scarborough was born 15 December 1584 in North Walsham, Norfolk, England. He married Hannah Butler. He died in 1635 in Magothy Bay, Virginia. Descendants and relatives lived mainly in Virginia.
We the Women
Ruth Bader Ginsburg believed that the equal rights of women belonged in the Constitution. She stood on the shoulders of brilliant women who persisted across generations to change the Constitution. We the Women tells their stories, showing what’s at stake in the current battle for the Equal Rights Amendment. The year 2020 marks the centennial the Nineteenth Amendment, guaranteeing women’s constitutional right to vote. But have we come far enough? After passage of the Nineteenth Amendment, revolutionary women demanded full equality beyond suffrage, by proposing the Equal Rights Amendment (ERA). Congress took almost fifty years to adopt it in 1972, and the states took almost as long to rati...
State Capture in South Africa
A multidisciplinary analysis of how state capture unfolded in South Africa and was contested within both civil society and the state itself. It presents a scholarly and empirical understanding of how things went awry, even with various regulating bodies in place, and how to prevent state capture from happening again in the future. The metaphor of ‘state capture’ has dominated South Africa’s political discourse in the post-Zuma presidency era. What is state capture and how does it manifest? Is it just another example of a newly independent, failed African state? And is it unique to South Africa? The contributors in this collection try to explain the phenomenon from a variety of viewpoin...
