Conquest, Constitutionalism and Democratic Contestations: South African Perspectives

ISBN-13: 9780367236847 / Angielski / Twarda / 2019 / 246 str.

Joel M. Modiri

Opis

This comprehensive book explores the ‘renegotiation’ of the legal and constitutional foundations of post-1994 South Africa, raising multifaceted questions regarding law, history and politics. It is the outcome of a South African Journal of Human Rights colloquium and was originally published as a special issue of the journal.

Spis treści

1. Introduction: conquest, constitutionalism and democratic contestations 2. Conquest and constitutionalism: first thoughts on an alternative jurisprudence 3. Towards a post-conquest South Africa: beyond the constitution of 1996 4. Decolonising equality: the radical roots of the gender equality clause in the South African constitution 5. Is the South African Constitution an obstacle to a democratic post-colonial state? 6. Democratic constitutionalism in the time of the postcolony: beyond triumph and betrayal 7. On conquest and anthropology in South Africa 8. The liberation of history and the end of South Africa: some notes towards an Azanian historiography in Africa, South 9. Contested substantive equality in the South African Constitution: beyond social inclusion towards systemic justice 10. Decolonisation, compensation and constitutionalism: land, wealth and the sustainability of constitutionalism in post-apartheid South Africa 11. A decolonial critique of private law and human rights 12. South Africa’s first black lawyers, amaRespectables and the birth of evolutionary constitution

O autorze

Joel M. Modiri is a Senior Lecturer in the Department of Jurisprudence at the University of Pretoria, South Africa, and an Associate Editor of the South African Journal on Human Rights. He holds an LLB cum laude, and his PhD thesis was entitled The Jurisprudence of Steve Biko: A Study in Race, Law and Power in the ‘Afterlife’ of Colonial-apartheid. He mainly teaches in the fields of Social Theory, Race and Law, and Legal Philosophy.