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

Author: Daniel Bonilla Maldonado
Publisher: Cambridge University Press
ISBN: 9781107036215
Published In: April 2013
Format: Hardback , 417 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

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