2016
DOI: 10.5771/0506-7286-2016-3-253
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Overcoming obstacles to North-South dialogue: Transformative constitutionalism and the fight against poverty and institutional failure

Abstract: Global South legal comparison is taking off, and transformative constitutionalism has become one of its key slogans as a description of the expansive constitutional jurisprudence of many Global South courts. This is an important development. But its celebration as a distinctively Southern model risks foreclosing debate with the North/West, whose supposedly more traditional liberal model of constitutionalism is treated as an unappealing counterpoint by Southern scholars. This paper sets out to challenge this co… Show more

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“…As Hailbronne rightly said, "if there is a concept that embraces the ideal of constitutions as society"s new political and moral foundation, this concept is transformative constitutionalism." (Hailbronne, 2016).…”
Section: Introductionmentioning
confidence: 99%
“…As Hailbronne rightly said, "if there is a concept that embraces the ideal of constitutions as society"s new political and moral foundation, this concept is transformative constitutionalism." (Hailbronne, 2016).…”
Section: Introductionmentioning
confidence: 99%