Constitutionalism of the global South : the activist tribunals of India, South Africa, and Colombia

The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems. "Addresses the jurisprudence of the three major courts of the Global South on the topics of access to justice, cultural diversity, and socioeconomic rights"-- "The Indian Supreme Court, the South African Constitutional Court, and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa, and Latin America, these courts are widely seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these three courts are gradually creating what can be called a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these three Courts on three key topics: access to justice, cultural diversity, and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the important differences on how they interpret and solve key constitutional problems"-- Introduction Toward a constitutionalism of the Global South / Daniel Bonilla Maldonado. -- Constitutionalism, the Global South, and economic justice / David Bilchitz. -- The embedded negotiators : India's higher judiciary and socioeconomic rights / Shylashri Shankar. -- Economic and social rights of prisoners and constitutional court intervention in the penitentiary system of Colombia / Libardo José Ariza. -- Cultural diversity, "living law," and women's rights in South Africa / Cathi Albertyn. -- Keeping the faith : legitimizing democracy through judicial practices in India / Gurpreet Mahajan. -- Self-government and cultural identity : the Colombian constitutional court and the right of cultural minorities to prior consultation / Daniel Bonilla Maldonado. -- Courts and structural poverty in South Africa : to what extent has the constitutional court expanded access and remedies to the poor? / Jackie Dugard. -- Access to justice in India : the jurisprudence (and self-perception) of the Supreme Court / Menaka Guruswamy and Bipin Aspatwar. -- Access to constitutional justice in Colombia : opportunities and challenges for social and political change / Manuel Iturralde. "La 4e de couverture indique : The Indian Supreme Court, the South African Constitutional Court, and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa, and Latin America, these courts are widely seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these three courts are gradually creating what can be called a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these three Courts on three key topics: access to justice, cultural diversity, and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the important differences on how they interpret and solve key constitutional problems" "The Indian Supreme Court, the South African Constitutional Court, and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa, and Latin America, these courts are widely seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these three courts are gradually creating what can be called a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these three Courts on three key topics: access to justice, cultural diversity, and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the important differences on how they interpret and solve key constitutional problems"-- Provided by publisher "The Indian Supreme Court, the South African Constitutional Court, and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa, and Latin America, these courts are widely seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these three courts are gradually creating what can be called a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these three Courts on three key topics: access to justice, cultural diversity, and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the important differences on how they interpret and solve key constitutional problems"-- Résumé de l'éditeur "Addresses the jurisprudence of the three major courts of the Global South on the topics of access to justice, cultural diversity, and socioeconomic rights"-- Résumé de l'éditeur