By Daniel Bonilla Maldonado
The Indian excellent courtroom, the South African Constitutional court docket and the Colombian Constitutional courtroom were one of the most vital and artistic courts within the worldwide South. In Asia, Africa and Latin the US, they're noticeable as activist tribunals that experience contributed (or tried to give a contribution) to the structural transformation of the private and non-private spheres in their international locations. The situations issued by way of those courts are making a constitutionalism of the worldwide South. This e-book addresses in an instantaneous and special method the jurisprudence of those Courts on 3 key issues: entry to justice, cultural range and socioeconomic rights. This quantity is a precious contribution to the dialogue concerning the contours and constitution of up to date constitutionalism. It makes specific that this dialogue has interlocutors either within the worldwide South and worldwide North whereas displaying the typical discourse among them and the variations on how they interpret and clear up key constitutional problems.
• bargains a unique theoretical and useful view on 3 key constitutional legislation subject matters: entry to justice, social and monetary rights, and cultural diversity
• offers an unique and wealthy research of the contributions made to constitutionalism by means of the South African Constitutional courtroom, the Indian best courtroom and the Colombian Constitutional court docket
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Extra info for Constitutionalism of the global South: the activist tribunals of India, South Africa, and Colombia
Nevertheless, Constitutionalism of the Global South does address some issues directly related to these questions. The book aims to open the discussion about the jurisprudence of the Constitutional Court of Colombia, the Indian Supreme Court, and the South African Constitutional Court. The chapters gathered in this 30 CONSTITUTIONALISM OF THE GLOBAL SOUTH book explore the jurisprudence of these courts on three matters: social and economic rights, cultural diversity, and access to justice. These three topics are directly related to poverty and inequality, political violence, cultural minorities, and the consolidation of the rule of law – issues that are fundamental in these three countries.
76 However, by comparing our constitutional system to those of others, we might be able to refine the 73 See, for example, the Colombian Constitutional Court cases about the vital minimum and the principle of dignity. P. P. P. P. P. P. P. Vladimiro Naranjo Fabio Moron; Mesa. 74 See, for example, People’s Union for Democratic Rights v. C. 235 (India) (1982). Regarding the public interest litigation movement in India, see generally Upendra Baxi, Taking Suffering Seriously: Social Action Litigation in the Supreme Court of India, 1985 Third World Legal Stud.
In particular, Iturralde examines the Court’s flexible interpretation of the tutela legal action and the actio popularis. The first action has allowed Colombians to protect their fundamental rights through a fast, cheap, and uncomplicated legal process. This legal action can be, in principle, brought before any judge in the country to protect a fundamental right from an act or omission of the administration. The second action has allowed common citizens to protect the coherence of the legal system and exercise control over the executive and legislative branches.
Constitutionalism of the global South: the activist tribunals of India, South Africa, and Colombia by Daniel Bonilla Maldonado
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