Towards a Constitutionalism of the Wretched — Global Constitutionalism, International Law and the Global South

Towards a Constitutionalism of the Wretched — Global Constitutionalism, International Law and the Global South

Vidya Kumar

The field of Global Constitutionalism (also sometimes called “International Constitutionalism”) is a very odd field, one which, with very limited exceptions (Frankenberg, Schwöbel, and Volk), has been neglected by most critical international and constitutional law scholars. One reason it is an oddity is because of its disciplinary hybridity. That is to say, it is neither fish nor fowl – it is neither fully a discipline of comparative constitutionalism nor is it fully a discipline of international law.

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Analysis: Latest Developments in the South African Court’s Most Expansive Socio-Economic Rights Doctrine — The Need for Meaningful Engagement about Meaningful Engagement

Analysis: Latest Developments in the South African Court’s Most Expansive Socio-Economic Rights Doctrine — The Need for Meaningful Engagement about Meaningful Engagement

James Fowkes

South Africa’s socio-economic rights jurisprudence has a reputation for restraint, at least when compared to the boldest jurisdictions like India or Colombia. This relative judgement is accurate. But it should not obscure recognition of how far-reaching the Court’s quieter approach can sometimes be – especially when the approach is not embodied in one big-name judgment like Grootboom and so is harder for comparative scholars to detect.

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Expanding Access to Justice for Socio-Economic Rights Complaints in South Africa — Which Direction Should We Head In?

Expanding Access to Justice for Socio-Economic Rights Complaints in South Africa — Which Direction Should We Head In?

David Bilchitz

The South African constitution has been lauded for its inclusion of justiciable socio-economic rights. Yet, making claims flowing from these rights remains inaccessible to many people across the country. This blog post (based on a paper being presented at a conference in Berlin on Constitutionalism in the Global South) seeks to consider the obstacles relating to access to justice for socio-economic rights claims in South Africa and potential solutions.

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Conceptualizing Authoritarian Constitutionalism — A Latin American View

Conceptualizing Authoritarian Constitutionalism — A Latin American View

Roberto Niembro

Authoritarian constitutionalism is a new category used by constitutional law scholars to refer to a distinct type of regime wherein there are faulty practices and a constitution with an authoritarian content. With these characteristics in mind it seems contradictory to talk about “constitutionalism”. In this post I introduce a different understanding of authoritarian constitutionalism.

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The Global South in Comparative Constitutional Law – Opening Remarks at the 50th VRÜ Anniversary Conference

The Global South in Comparative Constitutional Law – Opening Remarks at the 50th VRÜ Anniversary Conference

Philipp Dann

This week, the journal Verfassung und Recht in Übersee (VRÜ) / Law and Politics in Asia, Africa and Latin America celebrates its 50th birthday with an international conference on “The Global South in Comparative Constitutional Law” in Berlin. While scholarship in comparative constitutional law is booming, this anniversary conference is an unusual event in at least two ways: It is asking particularly about the role of the Global South in comparative constitutional law, and it does so with a group of speakers that is mixed, if not dominated by voices from the Global South.

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The 12mm-Winchester-Gun and the Global South in Comparative Constitutional Law

The 12mm-Winchester-Gun and the Global South in Comparative Constitutional Law

Michael Riegner

This week, Verfassung und Recht in Übersee (VRÜ) / Law and Politics in Asia, Africa and Latin America celebrates its 50th birthday with an international conference on “The Global South in Comparative Constitutional Law” in Berlin. VRÜ will accompany this conference with an online symposium also featured on the blog of the International Association of Constitutional Law.

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