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This volume includes a biographical background and description of the Chief Justice's career, tributes by eminent lawyers, and essays by practitioners and academics on a variety of legal subjects.

It contains some twenty-three papers from representatives of the aboriginal people's organizations, of governments, and of a variety of academic disciplines, along with introductions and an epilogue by the editors and appendices of the key constitutional documents from 1763.

This volume provides a timely assessment on the progress made towards the achievement of a constitutional democracy in South Africa. The chapters collectively present an in-depth analysis of the development of the legal system and of the implications of the Constitution for the social configuration of power. To what extent has the vision of constitutionalism contained in the Constitution been realised? Primarily concerned with the impact of laws and the salience of their existence and enforcement for South Africans, the work highlights the importance of placing the constitutional regime in its historical, cultural, social, economic and political context. The book further recognises the importance of the South African constitutional provisions for transnational or globalised constitutionalism more broadly. It contains contributions from South African scholars, as well as European authors, bringing in new analytical angles and adding a specific comparative dimension. Through the prism of South Africa, the authors discuss the innovative character of constitutional and legal provisions in terms of both constitution-making and law-making processes and their contents. This book provides analysis that will be relevant to scholars, students and practitioners, specifically those interested in International Relations, Law, Sociology of Law, and African Studies, as well as socio-political comparative studies.

The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicial mobilisation of Article 2 TEU. It starts by developing the foundations of this emerging jurisprudence in empirical, doctrinal, and theoretical terms. In this book, Spieker seeks to advance a new understanding of Article 2. He argues that the provision should be understood as having a dual character that resonates between two dimensions, namely an EU dimension limited to the EU legal order and a 'Verbund' dimension that extends to the common whole of the Union and its Member States. Article 2 plays different roles in these two spheres - as thick constitutional core of the EU legal order and as thin constitutional frame for the 'Verbund'. This dual character should guide the provision's future judicial development. The book sets out to explore the multifaceted potential of Article 2 TEU in each of these two dimensions. As such, it goes far beyond the current focus on illiberal developments in Member States and strives to broaden our horizon for the judicial mobilisation of EU values. The book closes by assessing the risks of placing an activated Article 2 into the hands of Luxembourg judges and proposes ways to recalibrate the jurisprudence.

This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

Examines the underground and overlooked actors and activities of liberal activism and liberal counter-cultures in the modern Arab world.

As academic subject African philosophy is predominantly concerned with epistemology. It aims at re-presenting a lost body of authentic African thought. This apparently austere a-historical concern is framed by a grand narrative of liberation that cannot but politicise the quest for epistemological autonomy. By "politicise" I mean that the desire to re-cover an authentic African epistemology in order to establish African philosophy as autonomous subject, ironically re-iterates Western, enlightenment notions of the autonomous subject. Here, in the pursuit of an autonomous subject the terms of historical oppression are necessarily duplicated in the terms of liberation. In this study I use the term disfigurement to refer to the double-bind - peculiar to post-coloniality - in which the African subject finds itself when it has to establish and affirm a sense of apartheid (in order to confirm the assumption of difference) by inventing its own autonomy in a way that ironically conflicts with an African conception of the autonomous subject. The transcendental concern with epistemological authenticity and autonomy - indicative of an oppressive desire for Western style autonomy - necessary as it may be in a post-colonial context, is placed in an ethical framework that seeks to remain faithful to the African dictum of identity and autonomy "I am because we are". Whereas the first three chapters are concerned with the transcendental question 'what is African philosophy?', the fourth and last chapter situates the ethical framework within which this question arises in the context of the recently "completed" South African Truth and Reconciliation Commission.

Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.