Full Description
This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.
Contents
1: Philipp Dann, Michael Riegner, Maxim Bönnemann: The Southern Turn in Comparative Constitutional Law: An Introduction
Theorizing the Global South in Comparative Constitutional Law
2: Florian Hoffmann: Facing South: On the Significance of an/other Modernity in Comparative Constitutional Law
3: Christine Schwöbel-Patel: (Global) Constitutionalism and the Geopolitics of Knowledge
4: Zoran Oklopcic: Comparing as (Re-)imagining: Southern Perspective and the World of Constitutions
5: Jedidiah Kroncke: Legal Innovation as a Global Public Good: Remaking Comparative Law as Indigenization
Themes of Constitutionalism in the Global South
6: Heinz Klug: Transformative Constitutionalism as a Model for Africa?
7: Diego Werneck Arguelhes: Transformative Constitutionalism: A View from Brazil
8: Sujit Choudhry: Postcolonial Proportionality: Jahar, Transformative Constitutionalism and Same Sex Rights in India
9: David Bilchitz: Socio-Economic Rights and Expanding Access to Justice in South Africa: What Can Be Done?
10: Roberto Gargarella: Inequality and the Constitution: From Equality to Social Rights
11: Weitseng Chen: Same Bed, Different Dreams: Constitutionalism and Legality in Asian Hybrid Regimes
12: Roberto Niembro Ortega: The Challenges of Transforming Mexican Authoritarian Constitutionalism
