From South Africa to Sri Lanka
Prospects of Travel for ‘Transformative Constitutionalism’
Dados Bibliográficos
| ID | 21832827 |
|---|---|
| Autores | Dinesha Samararatne (0000-0001-8017-8009, The University of Melbourne, autor correspondente) |
| Ano | 2020 |
| Volume | 15 |
| Fascículo | 1 |
| Páginas | 45-68 |
| Data de publicação | 2020-07-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Asian Journal of Comparative Law (JOURNAL) |
| Identificadores do periódico | ISSN: 1932-0205 • E-ISSN: 2194-6078 |
| Editora | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/asjcl.2020.4 |
| OpenAlex | W3039914119 |
| Idioma | EN |
| Referências citadas | 24 |
What lessons can we learn from the way in which the South African experience of transformative constitutionalism was invoked in Sri Lanka's recent constitutional reform experience? What conditions allow experiences of transformative constitutionalism to travel? In this article, I respond to these two questions, using Frankenberg's idea of a ‘layered approach’ in comparative constitutional law. My analysis affirms that in the comparative enterprise, a thick explanation that allows each experience to ‘speak for itself’ heightens the value of a comparative example. In the case of South Africa, I demonstrate that transformative constitutionalism is in fact a specific genre of constitutionalism. It demands attention not only to substantive constitutional guarantees and institutional design, but also to the process of constitutional reform. Moreover, effective measures for transitional justice are an essential component of transformative constitutionalism. A closer reading of the South African experience that paid attention to these factors would have led to better use of this experience in Sri Lanka's post-war constitutional governance
Constitutional law · Constitutionalism · Democracy · Economic Justice · Law and economics · Political economy · Political science · Politics · Sociology · South asia · Sri lanka · Transformative learning · Transitional justice · Comparative and International Law Studies · Judicial and Constitutional Studies · Law · Legal Issues in South Africa
Discourses of Victimization in Sri Lanka’s Civil War
Muslim–Buddhist Conflict in Contemporary Sri Lanka
Claiming the State
Friction and the pursuit of justice in post-war Sri Lanka
Anti-Muslim Buddhist Nationalism in Burma and Sri Lanka
From ethnic outbidding to ethnic conflict
Poverty, Inequality, and Democracy
Towards a post-conquest South Africa
The limits of transformation in South Africa’s constitutional democracy
Transformative Adjudication
Legal Culture and Transformative Constitutionalism
Is the South African Constitution an obstacle to a democratic post-colonial state?1
Democracy's Third Wave
Transformative Constitutionalism
Aspects of Class and Ethnic Consciousness in Sri Lanka
The Politics of Fear and the Fear of Politics
| Velocidade de citação | historical |
|---|---|
| Altamente citado | Não |