Heinz Klug - Böcker

Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth century constitutionalism in facilitating political change. Using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism despite the widespread recognition that courts are institutionally weak, lack adequate resources and are largely inaccessible to most citizens. He places this question in a broader context, evaluating the appeal of different constitutional models and illustrating how globalized institutions can be adapted to serve local domestic needs. Incorporating constitutional law, politics and legal history, this examination of South Africa's constitution-making process provides important insights into the role of law in the transition to democracy.

Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth century constitutionalism in facilitating political change. Using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism despite the widespread recognition that courts are institutionally weak, lack adequate resources and are largely inaccessible to most citizens. He places this question in a broader context, evaluating the appeal of different constitutional models and illustrating how globalized institutions can be adapted to serve local domestic needs. Incorporating constitutional law, politics and legal history, this examination of South Africa's constitution-making process provides important insights into the role of law in the transition to democracy.

This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 2 explores the integration of global perspectives and information into our understanding of law. Increasingly, local experiences of law are informed by broader interactions of national, international, and global law. Lawyers, judges, and other legal actors often have to respond to these broader contexts, while those pursuing justice in various global contexts must wrestle with the specific problems of translation that emerge when different concepts of law and local circumstances interact. Using empirical research, the authors in this path-breaking volume shed light on current developments in law at a global level.

This is the second of two volumes announcing the emergence of the new legal realism. At a time when the legal academy is turning to social science for new approaches, these volumes chart a new course for interdisciplinary research by synthesizing law on the ground, empirical research, and theory. Volume 2 explores the integration of global perspectives and information into our understanding of law. Increasingly, local experiences of law are informed by broader interactions of national, international, and global law. Lawyers, judges, and other legal actors often have to respond to these broader contexts, while those pursuing justice in various global contexts must wrestle with the specific problems of translation that emerge when different concepts of law and local circumstances interact. Using empirical research, the authors in this path-breaking volume shed light on current developments in law at a global level.

The book presents an evolutionary view of Nepal’s constitutional system, grounded in the country’s historico-political context. In particular, the analysis focuses on three aspects. First, the book investigates Nepal’s processes of state formation and nation-building, centred on the institution of the Shah monarchy, Hinduism, and the Nepali language vis-à-vis Nepal’s high degree of socio-cultural diversity. Second, it explores the difficulties in democratising Nepal’s constitutional arrangements and entrenching the doctrine of popular sovereignty. This is reflected in the tensions between hereditary political power (the Shah monarchy and the Rana Prime Ministers) and representative political forces (political parties). Constitutionally, these tensions have resulted in the marginalisation of the legislature vis-à-vis the executive throughout the country’s history, notwithstanding the fact that Nepal has always featured a parliamentary form of government. Lastly, the frequent changes in Nepal’s fundamental law also reflect the profound influences of various foreign institutional models (in particular that of a ‘modified’ Westminster model) and their specific re-negotiation in the Nepali context, regardless of the fact that Nepal was never colonised.

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.

This book explores the contentious history of the rule of law in the geographic and socio-political space that becomes South Africa. This is a history of contestation over the idea and use of indigenous, colonial, and constitutional law by official institutions. It explores the multitude of social movements, political organisations, and communities that have turned to the law to defend against abuses of power or to challenge authority and assert claims. These claims have been based on both official and unofficial law and have been asserted in the name of tradition, common law, human rights, and/or international law.As reflected in the practice and academic analysis of law in South Africa in the past and present, the contested conceptions of the rule of law and its relationship to the legacies of colonial apartheid are central to the continuing political and social conflict in post-apartheid South Africa. The book addresses the rule of law under colonialism and apartheid during the democratic transition and under South Africa’s existing constitutional order. It also considers extra-legal influences on the rule of law, such as the political economy of the country, and delves into the lived experience of the rule of law in a society where legal pluralism shapes the lives of large portions of the population.

This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.The book provides students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the Constitution's structure and role in the new South Africa. Main themes include a description of the historical context and emergence of the Constitution through the democratic transition; the implementation of the Constitution and its role in building a new democratic society; the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa.

This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.The book provides students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the Constitution's structure and role in the new South Africa. Main themes include a description of the historical context and emergence of the Constitution through the democratic transition; the implementation of the Constitution and its role in building a new democratic society; the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa.

“[The] written style is admirably clear, conversational and free from jargon … It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher EducationThis engaging, authoritative text has, since its very first edition, maintained its position as the market-leading introduction to the constitution of the United Kingdom. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. The new edition systematically examines the impact of the recent developments, including how COVID changed how government operated, the revolving door of Prime Ministers, the election of the Labour government, and the accession of King Charles III.Though introductory in approach, it does not shy away from the complexity of the constitutional landscape in the United Kingdom. It provides a contextual overview of the principles, doctrines and institutions that underpin the elusive constitution, allowing students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

“[The] written style is admirably clear, conversational and free from jargon … It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher EducationThis engaging, authoritative text has, since its very first edition, maintained its position as the market-leading introduction to the constitution of the United Kingdom. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. The new edition systematically examines the impact of the recent developments, including how COVID changed how government operated, the revolving door of Prime Ministers, the election of the Labour government, and the accession of King Charles III.Though introductory in approach, it does not shy away from the complexity of the constitutional landscape in the United Kingdom. It provides a contextual overview of the principles, doctrines and institutions that underpin the elusive constitution, allowing students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

Politics and Community-Based Research: Perspectives from Yeoville Studio, Johannesburg provides a textured analysis of a contested urban space that will resonate with other contested urban spaces around the world and challenges researchers involved in such spaces to work in creative and politicised waysThis edited collection is built around the experiences of Yeoville Studio, a research initiative based at the School of Architecture and Planning at the University of the Witwatersrand, Johannesburg. Through themed, illustrated stories of the people and places of Yeoville, the book presents a nuanced portrait of the vibrance and complexity of a post-apartheid, peri-central neighbourhood that has often been characterised as a 'slum' in Johannesburg. These narratives are interwoven with theoretical chapters by scholars from a diversity of disciplinary backgrounds, reflecting on the empirical experiences of the Studio and examining academic research processes. These chapters unpack the engagement of the Studio in Yeoville, including issues of trust, the need to align policy with lived realities and social needs, the political dimensions of the knowledge produced and the ways in which this knowledge was, and could be used.

This insightful Research Handbook provides a definitive overview of the New Legal Realism (NLR) movement, reaching beyond historical and national boundaries to form new conversations. Drawing on deep roots within the law-and-society tradition, it demonstrates the powerful virtues of new legal realist research and its attention to the challenges of translation between social science and law.Highlighting a contrast with the current Empirical Legal Studies movement, chapters employ a variety of theoretically grounded methods to understand law and address legal problems. They explore an impressive range of contemporary issues including immigration, policing, globalization, legal education, and access to justice, concluding with an examination of how different social science disciplines intersect with NLR.Incorporating global perspectives, the Research Handbook on Modern Legal Realism will be a key resource for scholars and students of legal theory and sociolegal studies. Illuminating the best approaches for combining social science considerations with expert perspectives on legal doctrines, it will also be of interest to practitioners and policy makers working in fields such as criminal and family law.