Administrative / Constitutional Law

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

By Daniel Bonilla Maldonado
Cambridge University Press April 2013

Specifications

ISBN-13
9781107036215
Publisher
Cambridge University Press
Publication
April 2013
Format
Hardback , 417 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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, they are 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 courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these 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 differences on how they interpret and solve key constitutional problems.

• Offers a novel theoretical and practical view on three key constitutional law topics: access to justice, social and economic rights, and cultural diversity

• Presents an original and rich analysis of the contributions made to constitutionalism by the South African Constitutional Court, the Indian Supreme Court and the Colombian Constitutional Court

Table of Contents

Contributors
ix
Introduction: Toward a Constitutionalism of the Global South
Daniel Bonilla Maldonado
1
Part I.   Socioeconomic Rights
39
1         Constitutionalism, the Global South, and Economic Justice
David Bilchitz
41
2         The Embedded Negotiators: India's Higher Judiciary and Socioeconomic Rights
Shylashri Shankar
95
3         The Economic and Social Rights of Prisoners and Constitutional Court Intervention in the Penitentiary System in Colombia
Libardo José Ariza
129
Part II.  Cultural Diversity
161
4         Cultural Diversity, “Living Law,” and Women's Rights in South Africa
Catherine Albertyn
163
5         Keeping the Faith: Legitimizing Democracy through Judicial Practices in India
Gurpreet Mahajan
211
6         Self-Government and Cultural Identity: The Colombian Constitutional Court and the Right of Cultural Minorities to Prior Consultation
Daniel Bonilla Maldonado
243
Part III. Access to Justice
291
7         Courts and Structural Poverty in South Africa: To What Extent Has the Constitutional Court Expanded Access and Remedies to the Poor?
Jackie Dugard
293
8         Access to Justice in India: The Jurisprudence (and Self-Perception) of the Supreme Court
Menaka Guruswamy and Bipin Aspatwar
329
9         Access to Constitutional Justice in Colombia: Opportunities and Challenges for Social and Political Change
Manuel Iturralde
361
Index
403

About the Author

Daniel Bonilla Maldonado
Fordham University, School of Law

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