Canada in the World

Canada in the World

Author: Richard Albert

Publisher: Cambridge University Press

Published: 2018

Total Pages: 483

ISBN-13: 1108419739

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Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.


Human dignity and fundamental rights in South Africa and Ireland

Human dignity and fundamental rights in South Africa and Ireland

Author: Anne Hughes

Publisher: PULP

Published: 2014-04-11

Total Pages: 659

ISBN-13: 1920538216

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Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.


Property and the Constitution

Property and the Constitution

Author: Janet McLean

Publisher: Bloomsbury Publishing

Published: 1999-07-01

Total Pages: 296

ISBN-13: 1847313078

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In this set of essays,public lawyers, property lawyers and legal philosophers examine the public dimensions of private property. At a time when governments across the globe are privatising formerly public property, the public forum is being replaced by the privately owned shopping mall, and an increasing range of interests are being described as 'property', an examination of the powers which attach to ownership becomes all the more pressing. The contributors consider whether property is a human right, its role in making responsible citizens, its relationship to freedom of speech and other values, the proper scope of constitutional protections of private property, impediments to the redistribution of property, and attempts to redress historical wrongs by property settlements to indigenous people. Taking a richly comparative perspective, examples have been drawn from jurisdictions as diverse as the United Kingdom, South Africa, Germany, the United States, and New Zealand. Contributors: Janet McLean (ed), Kevin Gray, Susan Francis Gray, Geoffrey Samuel, J W Harris, Gregory Alexander, Andre van der Walt, Tom Allen, Jeremy Waldron, Maurice Goldsmith, Alex Frame, John Dawson, Michael Robertson.


Constitutionalism

Constitutionalism

Author: Alejandro Linares Cantillo

Publisher: Oxford University Press

Published: 2021-03-11

Total Pages: 497

ISBN-13: 0192650513

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This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.


South Africa

South Africa

Author: Siri Gloppen

Publisher: Routledge

Published: 2019-05-23

Total Pages: 348

ISBN-13: 0429627238

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Originally published in 1997, South Africa: The Battle over the Constitution analyses rivaling positions in the South African constitutional debate from the early 1990s, via the 1993 interim constitution to the adoption and certification of the new, 'Final' Constitution in December 1996. A theoretical framework is developed to analyze the constitutional structure of the contesting constitutional models and the book looks into their potential for addressing the problems of violence, social inequality and ethnic tension and for achieving legitimacy and constitutionalism. It argues that the constitutional 'solutions' are premised on incomparable conceptions of South African reality, and that the Final Constitution includes elements based on incompatible world-views. The compromises required by the 'constitutional moment' could pose problems for the ’constitutional function’. The book also discusses other factors influencing the consolidation of a constitutional democracy in South Africa, such as the role of the Constitutional Court and the attempts to create legitimacy for the constitution by broad public participation in the constitution-making process.


Socio-political and Psychological Perspectives on South Africa

Socio-political and Psychological Perspectives on South Africa

Author: Christopher R. Stones

Publisher: Nova Publishers

Published: 2001

Total Pages: 328

ISBN-13: 9781590330388

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South Africa is a society that, sadly, has been divided against itself even at the best of times. Beginning with the initial advent of colonialism on the southern tip of the African continent, through to the later spawning of apartheid as well as in its nascent democracy, divisions have continually been manifest in varying form and content, along racial, ethnic, class, religious, language, political or other socio-economic and cultural lines. Unlike most societies, South Africa is a natural laboratory for psycho-social research yet it has been foreign researchers who have conducted most of the behavioural studies on the human condition in the country. South African psychologists seem to have steered clear of involvement in researching any major policy impact, especially in recent times when the re-shaping of South African society has been at its height. Each of the authors in this book is South African and, appropriately, has lived through the transition in South Africa and has attempted to understand the changes at both professional and personal levels. The contributors were each asked to write a chapter that would explore the South African socio-political terrain from within their fields of expertise and so help others navigate the uncharted future with less trepidation.'