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The Quest for Constitutionalism
This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the impor...
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
Migrants and Refugees in Europe
EPDF and EPUB available Open Access under CC-BY-NC-ND licence. The motivations of migrants for travelling to Europe vary, and the quality of the processes involved in their settlement and contribution to social and economic development are inextricably linked to their prospects of finding and sustaining good-quality work. This book explores the labour market integration of migrants, refugees and asylum seekers across seven European countries: the Czech Republic, Denmark, Finland, Greece, Italy, Switzerland and the UK. Using empirical data from the Horizon2020 SIRIUS Project, it investigates how legal, political, social and personal circumstances combine to determine the work trajectory for migrants who choose Europe as their home.
Terrorism and Asylum
Terrorism and Asylum, edited by James C. Simeon, thoroughly analyses terrorism’s use in forced displacement, to limit access to asylum, and to exclude persons from refugee protection, while offering practical alternative solutions for advancing human rights and dignity for everyone.
Comparative Constitutional History
While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts. Contributors: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Catherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, and Fabian Duessel.
Sharing Power, Securing Peace?
Does power sharing bring peace? Policymakers around the world seem to think so. Yet, while there are many successful examples of power sharing in multi-ethnic states, such as Switzerland, South Africa and Indonesia, other instances show that such arrangements offer no guarantee against violent conflict, including Rwanda, Yugoslavia, Zimbabwe and South Sudan. Given this mixed record, it is not surprising that scholars disagree as to whether power sharing actually reduces conflict. Based on systematic data and innovative methods, this book comes to a mostly positive conclusion by focusing on practices rather than merely formal institutions, studying power sharing's preventive effect, analyzing how power sharing is invoked in anticipation of conflict, and by showing that territorial power sharing can be effective if combined with inclusion at the center. The authors' findings demonstrate that power sharing is usually the best option to reduce and prevent civil conflict in divided states.
Solidarity in International Law
The principle of solidarity is particularly important now because it is in juxtaposition to some current self-centered trends in politics: the crises that have upset the world in recent years, such as migrations, hegemonic aspirations, pandemics, and wars, have made self-evident the inadequacy of such selfish politics. It therefore seems very useful to understand the role that solidarity could play in contemporary scenarios. This book thus collects various contributions on the principle of solidarity in international law. Firstly, it reconstructs the foundations of solidarity in law and investigates the origins of the principle. Subsequently, it tries to ascertain if solidarity exists as a p...
Survival and Witness at Europe's Border
Survival and Witness at Europe's Border focuses on one of the most mediatized migrant disasters in Europe. On October 3, 2013, an overcrowded fishing boat carrying Eritrean refugees caught fire near Lampedusa, Italy, where 368 people died. Karina Horsti shows with empathy and passion how this disaster produced a kaleidoscope of afterlives that continue to assume different forms depending on the position of the witness or survivors. Pasts and futures intersect in the present when people who were touched by the disaster engage with its memory and politics. Horsti underscores how the perspective of survival can envision a way forward from a horrific unsustainable present. Survival and Witness at Europe's Border develops the concept of survival to rethink border deaths beyond the structures and processes that produce the murderous border and constitute the focus of critical migration studies. It demonstrates how the process of survival transforms people and societies. Survival is productive, Horsti argues, shifting the focus in migration studies from apparatuses of control to emphasize the agency and subjectivity of refugees.
Inscribing Solidarity
Many governments, large institutions, and collective actors rely on the principle of solidarity to embed social policies on firm normative and legal grounds. In this original volume, a multidisciplinary roster of scholars come together to examine the contributions – and challenges –implicit in relying on the idea of solidarity to 'inscribe' this principle in social policies. Chapters explore how the dependence on the solidarity principle, and especially on inclusive understandings of solidarity, can strengthen or weaken institutions and movements. The volume's contributors cover developments across decades with a multilevel approach exploring dynamic interactions between local, national, and supranational arenas in pursuing and adjudicating the solidarity principle. Unique and innovative, Inscribing Solidarity examines the implications and dynamics of solidarity across a variety of terrains to illuminate its concrete limitations and specific advantages. This title is also available via Open Access on Cambridge Core.
