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Separation of Powers, the Judiciary and the Politics of Constitutional Adjudication
Over the last 25 years, the doctrine of separation of powers has been established as both a foundational value and a structural principle applied by the courts in interpreting the relationship between South Africa’s constitutional structures. Jurisprudentially, the practicalities and contours of how, when and by whom the separation of powers should be determined has proven to be controversial. Therefore, the past decade has been characterised by heightened political contestation, often resulting in extensive litigation posing thorny political issues. This has had profound implications for the judiciary and raised difficult questions on the very nature of South African constitutionalism. Th...
The Rule of Law in South Africa
This book explores and relates the contentious history of law in the geographic and socio-political space that becomes South Africa, with the contested conceptions of the rule of law reflected in the practice and academic analysis of law in South Africa in the past and present. The rule of law and its relationship to the legacies of colonial-apartheid is central to the continuing political and social conflict in post-apartheid South Africa. This is a history of contestation over the idea and use of law by official institutions and the multitude of social movements, political organisations, and communities who have turned to law to defend against abuse of power or to challenge authority and a...
Transformative Constitutionalism in Latin America
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross nat...
Implementing Environmental Constitutionalism
Constitutions can play a central role in responding to environmental challenges, such as pollution, biodiversity loss, lack of drinking water, and climate change. The vast majority of people on earth live under constitutional systems that protect the environment or recognize environmental rights. Such environmental constitutionalism, however, falls short without effective implementation by policymakers, advocates and jurists. Implementing Environmental Constitutionalism: Current Global Challenges explains and explores this 'implementation gap'. This collection is both broad and deep. While some of the essays analyze crosscutting themes, such as climate change and the need for rule of law that affect the implementation of environmental constitutionalism throughout the world, others delve deeply into geographically contextual experiences for lessons about how constitutional environmental law might be more effectively implemented. This volume informs global conversations about whether and how environmental constitutionalism can be made more effective to protect the natural environment.
Prisoners of the Past
Building on the work of economic historian Douglass North and Ugandan political scholar Mahmood Mamdani, Friedman argues that the difficulties besetting South African democracy are legacies of the past, not products of the post-1994 era
The Oxford Handbook of Law and Anthropology
The Oxford Handbook of Law and Anthropology is a ground-breaking collection of essays that provides an original and internationally framed conception of the historical, theoretical, and ethnographic interconnections of law and anthropology. Each of the chapters in the Handbook provides a survey of the current state of scholarly debate and an argument about the future direction of research in this dynamic and interdisciplinary field. The structure of the Handbook is animated by an overarching collective narrative about how law and anthropology have and should relate to each other as intersecting domains of inquiry that address such fundamental questions as dispute resolution, normative orderi...
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.
Sustainable Development, International Law, and a Turn to African Legal Cosmologies
This original book analyses and reimagines the concept of sustainable development in international law from a non-Western legal perspective. Built upon the intersection of law, politics, and history in the context of Africa, its peoples and their experiences, customary law and other legal cosmologies, this ground-breaking study applies a critical legal analysis to Africa's interaction with conceptualising and operationalising sustainable development. It proposes a turn to non-Western legal normativity as the foundational principle for reimagining sustainable development in international law. It highlights eco-legal philosophies and principles in remaking sustainable development where ecological integrity assumes a central focus in the reimagined conceptualisation and operationalisation of sustainable development. While this pioneering book highlights Africa as its analytical pivot, its arguments and proposals are useful beyond Africa. Connecting global discourses on nature, the environment, rights and development, Godwin Eli Kwadzo Dzah illuminates our current thinking on sustainable development in international law.
Due Process of Lawmaking
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
Decolonising the Human
Decolonising the Human examines the ongoing project of constituting ‘the human’ in light of the durability of coloniality and the persistence of multiple oppressions The ‘human’ emerges as a deeply political category, historically constructed as a scarce existential resource. Once weaponised, it allows for the social, political and economic elevation of those who are centred within its magic circle, and the degradation, marginalisation and immiseration of those excluded as the different and inferior Other, the less than human. Speaking from Africa, a key site where the category of the human has been used throughout European modernity to control, exclude and deny equality of being, the contributors use decoloniality as a potent theoretical and philosophical tool, gesturing towards a liberated, pluriversal world where human difference will be recognised as a gift, not used to police the boundaries of the human. Here is a transdisciplinary critical exploration of a wide range of subjects, including history, politics, philosophy, sociology, anthropology and decolonial studies.
