Postcolonial Legality

Postcolonial Legality PDF Author: Jeremy Gould
Publisher:
ISBN: 9781032288307
Category : Constitutional law
Languages : en
Pages : 0

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Book Description
"This book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an Imperial form of power, embodied in the person of the Republican President, termed here Prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists - lawyers, judges and civic leaders - the study examines how Prerogativism has shaped the postcolonial political landscape, and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have side-lined popular participation, and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action, and examines how Prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of the legal activists to engage with popular politics, and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis"--

Postcolonial Legality

Postcolonial Legality PDF Author: Jeremy Gould
Publisher:
ISBN: 9781032288307
Category : Constitutional law
Languages : en
Pages : 0

Get Book Here

Book Description
"This book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an Imperial form of power, embodied in the person of the Republican President, termed here Prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists - lawyers, judges and civic leaders - the study examines how Prerogativism has shaped the postcolonial political landscape, and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have side-lined popular participation, and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action, and examines how Prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of the legal activists to engage with popular politics, and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis"--

Postcolonial Legality: Law, Power and Politics in Zambia

Postcolonial Legality: Law, Power and Politics in Zambia PDF Author: Jeremy Gould
Publisher: Taylor & Francis
ISBN: 0429581645
Category : Law
Languages : en
Pages : 251

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Book Description
This book interrogates the ideology and practices of liberal constitutionalism in the Zambian postcolony. The analysis focuses on the residual political and governmental effects of an imperial form of power, embodied in the person of the republican president, termed here prerogativism. Through systematic, long-term ethnographic engagement with Zambian constitutionalist activists – lawyers, judges and civic leaders – the study examines how prerogativism has shaped the postcolonial political landscape and limited the possibilities of constitutional liberalism. This is revealed in the ways that repeated efforts to reform the constitution have sidelined popular participation and thus failed to address the deep divide between a small elite stratum (from which the constitutional activists are drawn) and the marginalized masses of the population. Along the way, the study documents the intimate interpenetration of political and legal action and examines how prerogativism delimits the political engagements of elite actors. Special attention is given to the reluctance of legal activists to engage with popular politics and to the conservative ethos that undermines efforts to pursue a jurisprudence of transformational constitutionalism in the findings of the Constitutional Court. The work contributes to the rising interest in applying socio-legal analysis to the statutory domain in postcolonial jurisdictions. It offers a pioneering attempt to deconstruct the amorphous and ambivalent assemblage of ideas and practices related to constitutionalism through detailed ethnographic interrogation. It will appeal to scholars, students and practitioners with an interest in theorizing challenges to political liberalism in postcolonial contexts, as well as in rethinking the methodological toolbox of socio-legal analysis.

The Handbook of African Intelligence Cultures

The Handbook of African Intelligence Cultures PDF Author: Ryan Shaffer
Publisher: Rowman & Littlefield
ISBN: 1538159988
Category : Political Science
Languages : en
Pages : 833

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Book Description
Bringing together a group of international scholars, The Handbook of African Intelligence Cultures provides the first review of intelligence cultures in every African country. It explores how intelligence cultures are influenced by a range of factors, including past and present societal, governmental and international dynamics. In doing so, the book examines the state’s role, civil society and foreign relations in shaping African countries’ intelligence norms, activities and oversight. It also explores the role intelligence services and cultures play in government and civil society.

The Blackwell Companion to Law and Society

The Blackwell Companion to Law and Society PDF Author: Austin Sarat
Publisher: John Wiley & Sons
ISBN: 047069291X
Category : Social Science
Languages : en
Pages : 688

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Book Description
The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.

Legislative Development in Africa

Legislative Development in Africa PDF Author: Ken Ochieng' Opalo
Publisher: Cambridge University Press
ISBN: 110849210X
Category : History
Languages : en
Pages : 295

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Book Description
Examined the development of legislatures under colonial rule, post-colonial autocratic single party rule, and multi-party politics in Africa.

Entangled Legalities Beyond the State

Entangled Legalities Beyond the State PDF Author: Nico Krisch
Publisher: Cambridge University Press
ISBN: 1108843069
Category : Law
Languages : en
Pages : 521

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Book Description
Shows that law it is often better understood as an entangled web rather than as a coherent, orderly system.

Law's Ethical, Global and Theoretical Contexts

Law's Ethical, Global and Theoretical Contexts PDF Author: Upendra Baxi
Publisher: Cambridge University Press
ISBN: 1107116406
Category : Law
Languages : en
Pages : 425

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Book Description
Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.

Fates of Political Liberalism in the British Post-Colony

Fates of Political Liberalism in the British Post-Colony PDF Author: Terence C. Halliday
Publisher: Cambridge University Press
ISBN: 1107012783
Category : Law
Languages : en
Pages : 571

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Book Description
This book presents a theory of political liberalism in the British post-colonies.

Disrupting Africa

Disrupting Africa PDF Author: Olufunmilayo B. Arewa
Publisher: Cambridge University Press
ISBN: 1009064223
Category : Law
Languages : en
Pages : 665

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Book Description
In the digital era, many African countries sit at the crossroads of a potential future that will be shaped by digital-era technologies with existing laws and institutions constructed under conditions of colonial and post-colonial authoritarian rule. In Disrupting Africa, Olufunmilayo B. Arewa examines this intersection and shows how it encompasses existing and new zones of contestation based on ethnicity, religion, region, age, and other sources of division. Arewa highlights specific collisions between the old and the new, including in the 2020 #EndSARS protests in Nigeria, which involved young people engaging with varied digital era technologies who provoked a violent response from rulers threatened by the prospect of political change. In this groundbreaking work, Arewa demonstrates how lawmaking and legal processes during and after colonialism continue to frame contexts in which digital technologies are created, implemented, regulated, and used in Africa today.

A Theory of African Constitutionalism

A Theory of African Constitutionalism PDF Author: Berihun Adugna Gebeye
Publisher: Oxford University Press
ISBN: 0192893920
Category : Law
Languages : en
Pages : 273

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Book Description
A Theory of African Constitutionalism asks and seeks to answer why we need a new theoretical framework for African constitutionalism and how this could offer us better theoretical and practical tools with which to understand, improve, and assess African constitutionalism on its own terms. By locating constitutional studies in Africa within the experiences, interactions, and contestations of power and governance beginning in precolonial times, the book presents the development and transformation of African constitutional systems across time and place, along with the attendant constitutional designs and practices ranging from the nature and operation of the African state to its vertical and horizontal government structures, to its constitutional rights regime. This title offers both a theoretically and comparatively rich, historically and contextually informed, and temporally and spatially extensive account of the nature, travails, and incremental successes of African constitutionalism with detailed case studies from Nigeria, Ethiopia, and South Africa. A Theory of African Constitutionalism provides scholars, policymakers, governments, and constitution builders in Africa and beyond with new insights for reimagining the purpose, substance, and scope of constitutions and constitutionalism.