Decolonizing Constitutionalism
Decolonizing Constitutionalism

Author: Boaventura de Sousa Santos

Publisher: Taylor & Francis

Published: 2023-07-31

Total Pages: 287

ISBN-13: 1000914135

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The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.

Decolonizing Constitutionalism
Decolonizing Constitutionalism

Author: Boaventura de Sousa Santos

Publisher: Taylor & Francis

Published: 2023-07-31

Total Pages: 355

ISBN-13: 1000914097

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The modern state, law, and constitution result from a legal canon that (re)produces the abyssal lines dividing the world that is validated from the world whose humanity and epistemological validity are denied. This book aims to contribute to a post-abyssal reflection on law and constitutionalism by considering the structural axes of power that are constitutive of modern law “capitalism, colonialism, and heteropatriarchy” alongside the legal plurality of the world. Is it possible to decolonize, decommodify, and depatriarchalize the constitution? The authors speak from multiple geographies, raise different questions, resort to differentiated theoretical approaches, and reveal varying levels of optimism about the possibilities of transforming constitutions. The readers are confronted with critical perspectives on the Eurocentric legal canon, as well as with the recognition of anti-capitalist, anti-colonial, and anti-patriarchal legal experiences. The horizon of this publication is the expansion of the possibilities of legal and political imagination.

Colonial Constitutionalism
Colonial Constitutionalism

Author: Robert E. Statham

Publisher: Lexington Books

Published: 2001-12-17

Total Pages: 171

ISBN-13: 0739153196

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Colonial Constitutionalism exposes one of the great failures of American democracy. It posits that the creation of a U.S. 'empire' over the last century violated the basis of American constitutionalism through its failure to fully admit annexed offshore territories into the Union. The book's focused case studies analyze each of America's quasi-colonies, revealing how the perpetuation of a this 'imperialist' strategy has rendered the inhabitants second class citizens. E. Robert Statham, Jr.'s work emphasizes the pressing need—in the face of increasingly strident calls for sovereign independence from America's offshore territories—for a modern American republic, fundamentally incompatible with imperialism and colonialism, to grant full U.S. statehood to its overseas possessions.

The Constitution in Wartime
The Constitution in Wartime

Author: Mark Tushnet

Publisher: Duke University Press

Published: 2005-01-26

Total Pages: 278

ISBN-13: 9780822334682

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Historical and contemporary examinations of the constitutional issues raised by war.

Constitutionalism and Political Reconstruction
Constitutionalism and Political Reconstruction

Author: Saïd Amir Arjomand

Publisher: BRILL

Published: 2007-01-01

Total Pages: 402

ISBN-13: 9004151745

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This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.

Colonial and Post-colonial Constitutionalism in the Commonwealth
Colonial and Post-colonial Constitutionalism in the Commonwealth

Author: Hakeem O. Yusuf

Publisher: Routledge

Published: 2013-12-17

Total Pages: 262

ISBN-13: 1135081573

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The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions. This book is the first full length analysis of the various dimensions of the peace, order and good government clause. It argues that the origins of the POGG clause mark it out as an anachronistic feature of British constitutionalism when seen against a modern setting of human rights, liberty and democratisation. The book traces the history, politics and applications of the clause through the colonial period in Commonwealth territories to date. It provides critical evaluation of the POGG clause in a cross-continental enquiry, examining statutory, political and constitutional deployment in Australia, Canada, India, Nigeria, South Africa and the United Kingdom. The evaluation demonstrates that the POGG clause has relevance in a number of significant aspects of legal and socio-political ordering across the Commonwealth featuring prominently in the federalism question, emergency powers and the review of administrative powers. It maintains that while the clause is not entirely devoid of positive value, the POGG clause has been used not only to further the objects of colonialism, but also authoritarianism and apartheid. This book calls for a rethink of the prevailing subjective approach to the interpretation of the clause. The book will be of interest to students and academics of public law, human rights law, and comparative politics.

Decolonizing Democracy from Western Cognitive Imperialism
Decolonizing Democracy from Western Cognitive Imperialism

Author: Tatah Mentan

Publisher: African Books Collective

Published: 2015-08-06

Total Pages: 274

ISBN-13: 995676289X

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There seems to be a sort of prevalent attitude in the Western world that its brand of democracy is something of a catch all solution for all the world's political problems. Hence, Western imperialism has always been sold under the pretext of spreading freedom and democracy. Democracy is beautiful. But it is no proof against imperialism. Whether democracy is causal is another whole consideration. It may be a case of the 'least bad of evil alternatives.' It may be a case of a state of social and political development over and above the way people organize themselves. It may be the fate of rational life on a planet with insufficient energy reserves to support locomotion without predation. But what gives anyone the right to go into a sovereign country and change its foundation through War? The whole democracy and freedom line is a lie to give Western imperialism a friendly face. Imperialism and its lie of spreading democracy is an unmitigated evil, whether for material gain, or the pride fostered by active participation in the machinery of state. Therefore, a people seeking to control their destiny must decolonize imposed Western democracy.

Decolonizing Freedom
Decolonizing Freedom

Author: Allison Weir

Publisher: Oxford University Press

Published: 2024

Total Pages: 313

ISBN-13: 0197507948

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Freedom is celebrated as the definitive ideal of modern western civilization. Yet in western thought and practice, freedom has been defined through opposition to the unfreedom of most of the world's people. Allison Weir draws on Indigenous political theories and practices of decolonization in dialogue with western theories, to reconstruct a tradition of relational freedom as a distinctive political conception of freedom: a radically democratic mode of engagement and participation in social and political relations with an infinite range of strange and diverse beings perceived as free agents in interdependent relations in a shared world.

Peacebuilding, Constitutionalism and the Global South
Peacebuilding, Constitutionalism and the Global South

Author: Kajit J Bagu (John Paul)

Publisher: Routledge

Published: 2019-07-05

Total Pages: 247

ISBN-13: 0429536097

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This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in guaranteeing peace in the postcolonial global South. It develops an alternative, more compelling constitutionalism for peacebuilding in conflicted regions. This is based on constitutionalism that recognises plurality as a major feature in the global South. Drawing on events in Nigeria, it develops a constitutional model, based on Cognitive Justice, which could deliver peace by addressing historic, conceptual, legal, institutional and structural issues that have created social inequality and injustice. The study also incorporates insights from the development of plurinational constitutions in South America. The book will be an invaluable resource for researchers, academics and policy-makers with an interest in constitutional legal theory, peacebuilding and postcolonial studies

The Routledge International Handbook on Decolonizing Justice
The Routledge International Handbook on Decolonizing Justice

Author: Chris Cunneen

Publisher: Taylor & Francis

Published: 2023-07-03

Total Pages: 723

ISBN-13: 1000904040

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The Routledge International Handbook on Decolonizing Justice focuses on the growing worldwide movement aimed at decolonizing state policies and practices, and various disciplinary knowledges including criminology, social work and law. The collection of original chapters brings together cutting-edge, politically engaged work from a diverse group of writers who take as a starting point an analysis founded in a decolonizing, decolonial and/or Indigenous standpoint. Centering the perspectives of Black, First Nations and other racialized and minoritized peoples, the book makes an internationally significant contribution to the literature. The chapters include analyses of specific decolonization policies and interventions instigated by communities to enhance jurisdictional self-determination; theoretical approaches to decolonization; the importance of research and research ethics as a key foundation of the decolonization process; crucial contemporary issues including deaths in custody, state crime, reparations, and transitional justice; and critical analysis of key institutions of control, including police, courts, corrections, child protection systems and other forms of carcerality. The handbook is divided into five sections which reflect the breadth of the decolonizing literature: • Why decolonization? From the personal to the global • State terror and violence • Abolishing the carceral • Transforming and decolonizing justice • Disrupting epistemic violence This book offers a comprehensive and timely resource for activists, students, academics, and those with an interest in Indigenous studies, decolonial and post-colonial studies, criminal legal institutions and criminology. It provides critical commentary and analyses of the major issues for enhancing social justice internationally. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.