Constitutionalism of the Global South: The Activist Tribunals of India, South Africa, and Colombia

ISBN-13: 9781107036215 / Angielski / Twarda / 2013 / 422 str.

Daniel Bonilla Maldonado

Opis

The Indian Supreme Court, the South African Constitutional Court, and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa, and Latin America, these courts are widely seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these three courts are gradually creating what can be called a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these three Courts on three key topics: access to justice, cultural diversity, and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the important differences on how they interpret and solve key constitutional problems.

Spis treści

Part I. Introduction; Part II. Socio-economic Rights: 1. Constitutions and distributive justice: complementary or contradictory? David Bilchitz; 2. The embedded negotiators: India's higher judiciary and socioeconomic rights Shylashri Shankar; 3. Economic and social rights, prisons, and the Colombian constitutional court Libardo Ariza; Part III. Cultural Diversity: 4. Cultural diversity, 'living law', and power: progress and contradictions Cathi Albertyn; 5. Keeping the faith: legitimizing democracy through judicial practices Gurpreet Mahajan; 6. Self-government and cultural identity: the Colombian constitutional court and the right to prior consultation Daniel Bonilla; Part IV. Access to Justice: 7. Courts and structural poverty in South Africa: has the constitutional court expanded access and remedies to the poor? Jackie Dugard; 8. Access to justice in India: the jurisprudence (and self-perception) of the Supreme Court Menaka Guruswamy and Bipin Aspatwar; 9. Access to constitutional justice in Colombia: opportunities and challenges for social and political change Manuel Iturralde.