Home >
Law >
International Law >
Fates of Political Liberalism in the British Post-Colony

Fates of Political Liberalism in the British Post-Colony The Politics of the Legal Complex

Author: Terence C. Halliday; Lucien Karpik; Malcolm M. Feeley
Publisher: Cambridge University Press
ISBN: 9781107012783
Published In: May 2012
Format: Hardback , 570 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author

Details

What explains divergences in political liberalism among new nations that shared the same colonial heritage? This book assembles exciting original essays on former colonies of the British Empire in South Asia, Africa and Southeast Asia that gained independence after World War II. The interdisciplinary country specialists reveal how inherent contradictions within British colonial rule were resolved after independence in contrasting liberal-legal, despotic and volatile political orders. Through studies of the longue durée and particular events, this book presents a theory of political liberalism in the post-colony and develops rich hypotheses on the conditions under which the legal complex, civil society and the state shape alternative postcolonial trajectories around political freedom. This provocative volume presents new perspectives for scholars and students of postcolonialism, political development and the politics of the legal complex, as well as for policy makers and publics who struggle to construct and defend basic legal freedoms.

• Presents a new empirically-based theory that explains why some countries protect basic legal freedoms after independence and others do not

• Shows how new nations resolve contradictions of colonialism in three different ways - liberal-legal, despotic, volatile

• Reveals the importance of the legal complex (lawyers, judges, and so on) for the fates of basic legal and political rights in a country

List of Contributors	ix
Acknowledgments	xiii
Introduction	1
Political Liberalism in the British Post-Colony: A Theme with Three Variations Terence C. Halliday and Lucien Karpik	3
PART I Liberal-Legal Orders	57
1 Emasculating the Executive: The Federal Court and Civil Liberties in Late Colonial India: 1942–1944 Rohit De	59
2 The Legal Complex in the Struggle to Control Police Brutality in India Charles R. Epp	91
3 Priests in the Temple of Justice: The Indian Legal Complex and the Basic Structure Doctrine Manoj Mate	112
PART II Despotic Orders	147
4 Lawyers, Politics, and Publics: State Management of Lawyers and Legitimacy in Singapore Jothie Rajah	149
5 Lawyers and the Disintegration of the Legal Complex in Sudan Mark Fathi Massoud	193
6 The Sri Lankan Legal Complex and the Liberal Project: Only Thus Far and No More Deepika Udagama	219
Part III Volatile Orders	245
7 “Custodian of Civil Liberties and Justice in Malaysia”: The Malaysian Bar and the Moderate State Andrew Harding and Amanda Whiting	247
8 Liberal Protagonists? The Lawyers’ Movement in Pakistan Sadaf Aziz	305
9 Miscarriage of Chief Justice: Judicial Power and the Legal Complex in Pakistan under Musharraf Shoaib A. Ghias	340
10 From Judicial Autonomy to Regime Transformation: The Role of the Lawyers’ Movement in Pakistan Daud Munir	378
11 Postcolonial Liberalism and the Legal Complex in Zambia: Elegy or Triumph? Jeremy Gould	412
12 Legal Complexes and the Fight for Political Liberalism in New African Democracies: Comparative Insights from Malawi, Zambia, and Namibia Peter VonDoepp	455
Postscript	491
13 Judge and Company: Courts, Constitutionalism, and the Legal Complex Malcolm M. Feeley	493
Index	523