Description
Book SynopsisThe 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. 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.
Table of ContentsPart I. Introduction; Part II. Socio-economic Rights: 1. Constitutions and distributive justice: complementary or contradictory? David Bilchitz; 2. The embedded negotiators: India's higher judiciary and socioeconomic rights Shylashri Shankar; 3. Economic and social rights, prisons, and the Colombian constitutional court Libardo Ariza; Part III. Cultural Diversity: 4. Cultural diversity, 'living law', and power: progress and contradictions Cathi Albertyn; 5. Keeping the faith: legitimizing democracy through judicial practices Gurpreet Mahajan; 6. Self-government and cultural identity: the Colombian constitutional court and the right to prior consultation Daniel Bonilla; Part IV. Access to Justice: 7. Courts and structural poverty in South Africa: has the constitutional court expanded access and remedies to the poor? Jackie Dugard; 8. Access to justice in India: the jurisprudence (and self-perception) of the Supreme Court Menaka Guruswamy and Bipin Aspatwar; 9. Access to constitutional justice in Colombia: opportunities and challenges for social and political change Manuel Iturralde.