The Global South and Comparative Constitutional Law

2020 ◽  
Keyword(s):  
Constitutional Law ◽  
Global South ◽  
High Time ◽  
Access To Justice ◽  
Comparative Constitutional Law ◽  
The World ◽  
Methodological Approaches ◽  
Constitutional Discourse

Although the Global South represents ‘most of the world’ in terms of constitutions and population, it is still underrepresented in comparative constitutional discourse. Against this background, this volume posits that it is high time for a ‘Southern turn’ in comparative constitutional scholarship. It aims to take stock of existing scholarship on the Global South and comparative constitutional law and to move the debate forward. It brings together authors who all hail from, or are based in, the Global South and who represent a range of regions, perspectives, and methodological approaches. They address the theoretical and epistemic foundations of Southern constitutionalism and discuss its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as discipline and field of knowledge.

Facing South

2020 ◽  
pp. 41-66
Author(s):  
Florian Hoffmann
Keyword(s):  
Constitutional Law ◽  
Global South ◽  
Structural Determinants ◽  
Disciplinary Identity ◽  
Western Modernity ◽  
Real Locus ◽  
Comparative Constitutional Law ◽  
The World ◽  
Different Types ◽  
North And South

The idea and the reality of the Global South represent different types of epistemological challenges to the disciplinary identity of comparative (constitutional) law. Taking the Global South seriously in and for comparative constitutional law must mean transcending its use as either a mere marker of supressed difference or a critical wedge against the hegemony of Western/modern constitutional concepts. The Global South must, instead, be unlocked as the real locus—not in a geographical but in a cognitive sense—of constitutional modernity the world over. Such an agenda of epistemic meridianization requires a number of methodological moves, the most important of which is the de-Weberianization of the fundamental terms and normative ideals of comparative constitutional law. De-Weberianization through a Southern lens is not limited to an ideology critique of Western modernity, but is a project to provide a more realist vision of that modernity and, thereby, a deeper understanding of ‘how the world works’ across North and South. A fundamental openness to alterity, hybridity, and contingency as the structural determinants of ‘law in practice’ is what is at the basis of the South and what enables the re-cognition of the modern world in its likeness.

Constitutional Democracy and Electoral Commissions: A Reflection from Asia

2021 ◽  
pp. 1-9
Author(s):  
Rosalind Dixon ◽  
Mark Tushnet
Keyword(s):  
Sri Lanka ◽  
Constitutional Law ◽  
Global South ◽  
Constitutional Democracy ◽  
Comparative Constitutional Law

This symposium explores the role of “fourth branch” institutions, and specifically the role of independent electoral commissions (IECs) in protecting and promoting constitutional democracy. It does so by focusing on the global South, and Asia in particular. It aims to go beyond the “usual suspects” in comparative constitutional law, and put the constitutional experiences of countries such as Indonesia, Kenya, Myanmar, Malaysia, and Sri Lanka at the centre of a decolonized constitutional project and understanding, supplementing them with an examination of more-often-studied systems such as Australia and India.

The Sound of Constitutional Silence

City, State ◽  
2020 ◽  
pp. 17-50
Author(s):  
Ran Hirschl
Keyword(s):  
Collective Identity ◽  
Constitutional Law ◽  
Political Discourse ◽  
Public Law ◽  
The State ◽  
The Political ◽  
Human Sciences ◽  
Comparative Constitutional Law ◽  
Spatial Governance ◽  
Constitutional Discourse

This chapter examines four introductory dimensions of the political and constitutional discourse around cities. The first is the tremendous interest in cities throughout much of the human sciences as contrasted with the silence of public law in general, and of comparative constitutional law in particular. Next, the chapter takes a look at the dominant statist stance embedded in constitutional law, in particular as it addresses sovereignty and spatial governance of the polity. A brief account of what national constitutions actually say about cities, and more significantly what they do not is then given. Finally, the chapter turns to the tendency in political discourse on collective identity to understand the “local” almost exclusively at the national or regional levels, rather than distinguishing urban interests from those of the state. Taken together, the four angles of city constitutional (non)status examined here highlight the bewildering silence of contemporary constitutional discourse with respect to cities and urbanization, as well as the strong statist outlook embedded in national constitutional orders, effectively rendering the metropolis a constitutionally non-tenable entity.

5 How Universal is Comparative Constitutional Law?

2014 ◽  
Author(s):  
Hirschl Ran
Keyword(s):  
Constitutional Law ◽  
Global South ◽  
Common Elements ◽  
Third Way ◽  
Body Of Knowledge ◽  
European Court ◽  
Comparative Constitutional Law ◽  
Unique Nature ◽  
Constitutional System ◽  
Constitutional Pluralism

This chapter addresses issues central to comparative constitutional law’s epistemological and methodological domain. First, the possibility of comparisons of constitutional law and institutions across time and space, notably between “universalists,” who emphasize common elements of legal (and constitutional) systems across time and place, and “particularists” who emphasize the unique nature of any given legal (and constitutional) system. “Third way” alternatives such as constitutional pluralism are also examined. Second, the “global south” critique in comparative constitutional law, or how truly “comparative,” universal, or generalizable are the lessons of a body of knowledge that draws almost exclusively on a small—not necessarily representative—set of frequently studied jurisdictions and court rulings to advance what is portrayed as generic and universally applicable prescriptions. The global south critique poses major challenges to contemporary comparative constitutional inquiry but has its own analytical challenges. Examples include South Africa, India, and the European Court of Human Rights.

Semi-Presidentialism

2020 ◽  
pp. 314-338
Author(s):  
Sophie Boyron
Keyword(s):  
Comparative Politics ◽  
Early Identification ◽  
Constitutional Law ◽  
Regime Type ◽  
Fifth Republic ◽  
Comparative Constitutional Law ◽  
The World ◽  
Presidential Regimes

This chapter discusses semi-presidentialism, a relative newcomer to the disciplines of both comparative constitutional law and comparative politics. It first retraces the early transformation of the regime of the French Fifth Republic from parliamentary to semi-presidential regime. Secondly, the chapter analyses the early identification of this regime type and the difficulties encountered in defining it. The attempts to assess this regime are then examined. Afterwards, the chapter sketches the migration of semi-presidentialism around the world so as to understand its present spread. Finally, it suggests broadening the basis for the classification of semi-presidential regimes by highlighting the key role played by institutions other than the executive and legislature.

Taming the Incumbency Advantage: Innovative Constitutional Designs from the "South"

2021 ◽  
Author(s):  
Adem Abebe
Keyword(s):  
Constitutional Law ◽  
Institutional Design ◽  
Constitutional Reform ◽  
Incumbency Advantage ◽  
Discussion Paper ◽  
Constitutional Design ◽  
Comparative Constitutional Law ◽  
The World ◽  
Reform Processes ◽  
Design Options

This Discussion Paper was drafted for an International IDEA webinar on Taming the Incumbency Advantage (25 May 2021), the first of a series on innovative constitutional design options. It has been revised and updated to reflect contributions from webinar participants: Professor Juvence F. Ramasy (Madagascar), Professor Ridwanul Hoque (Bangladesh) and Professor Gabriel Negretto (Latin America), among others. The webinar series seeks to identify, discuss, profile and showcase the ‘hidden treasures’ of innovative constitutional/institutional design options—including from the Global ‘South’—with potential to help tackle emerging and recurrent challenges facing societies around the world. The goal is not to promote any specific institutional design, but rather to enrich conversations about constitutional reform processes and share comparative constitutional law and practice insights among academic and practitioners’ communities.

scholarly journals Uporedno ustavno pravo u delu Miodraga Jovičića

2021 ◽  
pp. 48-66
Author(s):  
Dragoljub Popović
Keyword(s):  
Constitutional Law ◽  
Original Method ◽  
World Scientific ◽  
Salient Points ◽  
Comparative Constitutional Law ◽  
The World ◽  
The Subject ◽  
The University

Professor Miodrag Jovičić (1925–1999) was the most renowned and prolific Serbian academic in the field of comparative constitutional law. He received his LLB and PhD in law from the University of Belgrade and seldom went abroad for further studies. Although he was strongly influenced by certain French authors, his main source of inspiration was the work of Slobodan Jovanović. Politically marginalized, Jovičić used his research of comparative constitutional law as an escape from reality and the circumstances in his country. Jovičić’s work did not rely on an original method of research. On the contrary, he remained faithful to the methods developed by the mainstream of the world scientific and law community. The apogee of his work was the book Great Constitutional Systems, in which he presented his views on the subject in a systematic and synthetic way. This article presents Jovičić’s method of work and the salient points of his theoretical endeavors, as well as elaborating on his intellectual influences.

scholarly journals Ukrainian Constitutional Court: Attacks and Backlash

2021 ◽  
pp. 27-50
Author(s):  
Samuel Fonteles
Keyword(s):  
Constitutional Law ◽  
Public Confidence ◽  
Constitutional Court ◽  
Tolerance Interval ◽  
National Agency ◽  
Comparative Constitutional Law ◽  
The World ◽  
Corruption Prevention ◽  
The Impact

This article intends to analyze Ukraine’s Constitutional Court in the light of the tolerance interval theory and the backlash thesis, through a case study, which is, the decision issued on October 27, 2020, that held unconstitutional part of the powers of the National Agency for the Corruption Prevention (NAPC). Three comorbidities — particular conditions that weaken the court and render it vulnerable to attacks — in the Ukrainian system are presented: Ukrainian democracy, autocracies tendencies in the presidency, and lack of public confidence in the judicial system. Through the adoption of a Comparative Constitutional Law approach, an index measuring the impact of the ruling is developed and calculated, allowing a comparison of the consequences to other notable controversial rulings in the world. After discussing the findings, the article concludes with some reflections and predictions on the longevity of the Ukrainian Constitutional Court.

The Southern Turn in Comparative Constitutional Law

2020 ◽  
pp. 1-38
Author(s):  
Philipp Dann ◽  
Michael Riegner ◽  
Maxim Bönnemann
Keyword(s):  
Constitutional Law ◽  
Comparative Law ◽  
Global South ◽  
Methodological Pluralism ◽  
Legal Scholarship ◽  
Comparative Constitutional Law ◽  
Global North ◽  
The Way

This introductory chapter argues for and conceptualizes a ‘Southern turn’ in comparative constitutional law. It takes stock of existing scholarship on the Global South and comparative constitutional law, situates the volume in this context, and seeks to move the debate forward. Its argument has three elements: the first is that the ‘Global South’ has already become a term used productively in various disciplines and in legal scholarship, even though in very different and sometimes under-theorized ways. Secondly, we argue that the ‘Global South’ is a useful concept to capture and understand a constitutional experience that is distinct from, and at the same time deeply entangled with, constitutionalism in the Global North. Thirdly, we contend that the Southern turn implies a specific epistemic, methodological, and institutional sensitivity that has implications for comparative constitutional scholarship as a whole. This sensitivity embraces epistemic reflexivity, methodological pluralism, as well as institutional diversification, collaboration, and ‘slow comparison’ and thus points the way towards an understanding of the discipline as ‘world comparative law’.

City, State

2020 ◽  
Author(s):  
Ran Hirschl
Keyword(s):  
Constitutional Law ◽  
Global South ◽  
Blind Spot ◽  
Constitutional Change ◽  
The World ◽  
New Thinking ◽  
Constitutional Thought ◽  
City State ◽  
The City ◽  
Mega Cities

More than half of the world’s population lives in cities; by 2050, it will be more than three quarters. Projections suggest that megacities of 50 million or even 100 million inhabitants will emerge by the end of the century, mostly in the Global South. This shift marks a major and unprecedented transformation of the organization of society, both spatially and geopolitically. Our constitutional institutions and imagination, however, have failed to keep pace with this new reality. Cities have remained virtually absent from constitutional law and constitutional thought, not to mention from comparative constitutional studies more generally. As the world is urbanizing at an extraordinary rate, this book argues, new thinking about constitutionalism and urbanization is desperately needed. In six chapters, the book considers the reasons for the “constitutional blind spot” concerning the metropolis, probes the constitutional relationship between states and (mega)cities worldwide, examines patterns of constitutional change and stalemate in city status, and aims to carve a new place for the city in constitutional thought, constitutional law, and constitutional practice.

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