By Daniel Bonilla Maldonado
The Indian ultimate court docket, the South African Constitutional court docket and the Colombian Constitutional courtroom were one of the most vital and artistic courts within the worldwide South. In Asia, Africa and Latin the US, they're noticeable as activist tribunals that experience contributed (or tried to give a contribution) to the structural transformation of the private and non-private spheres in their international locations. The circumstances issued by way of those courts are making a constitutionalism of the worldwide South. This publication addresses in an immediate and unique method the jurisprudence of those Courts on 3 key issues: entry to justice, cultural variety and socioeconomic rights. This quantity is a precious contribution to the dialogue in regards to the contours and constitution of up to date constitutionalism. It makes specific that this dialogue has interlocutors either within the international South and international North whereas displaying the typical discourse among them and the diversities on how they interpret and resolve key constitutional difficulties.
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Additional resources for Constitutionalism of the Global South: The Activist Tribunals of India, South Africa, and Colombia
Sample text
Cambridge University Press 2013), quotes the Chair of the Drafting Committee, Dr. B. R. ” He also said that the government would have to answer to the electorate for a failure to deliver on these principles.
These Constitutions, it is argued, thus highlight through their protection of these universal interests the inadequacies and gaps within some of the older “Northern” Constitutions. The inclusion of these ideals thus suggests a new type of constitutionalism that not only holds out the possibilities of developing a different tradition in countries of the Global South but also of influencing the nature of global constitutionalism in the future. The second and third sections of this chapter move beyond a consideration of the ideals contained in the Constitution and consider the manner in which they have been given effect by courts.
Fourie and Another, 2005 ZACC 19; 2006 (3) BCLR 355; 2006 22 CONSTITUTIONALISM OF THE GLOBAL SOUTH Courts’ jurisprudence has also dealt with problems that are specific to or have special importance in the Global South, and the Courts have done so through original and imaginative legal theories and political strategies. Issues related to political violence, poverty, and the consolidation of the rule of law have been an important part of these Courts’ jurisprudence. 70 The jurisprudence of these three Courts certainly moves within and is supported by modern constitutionalism’s basic rules and principles.