Global Canons In An Age Of Contestation

Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.

Re-envisioning the Contemporary Art Canon: Perspectives in a Global World seeks to dissect and interrogate the nature of the present-day art field, which has experienced dramatic shifts in the past 50 years. In discussions of the canon of art history, the notion of ‘inclusiveness’, both at the level of rhetoric and as a desired practice is on the rise and gradually replacing talk of ‘exclusion’, which dominated critiques of the canon up until two decades ago. The art field has dramatically, if insufficiently, changed in the half-century since the first protests and critiques of the exclusion of ‘others’ from the art canon. With increased globalization and shifting geopolitics, the art field is expanding beyond its Euro-American focus, as is particularly evident in the large-scale international biennales now held all over the globe. Are canons and counter-canons still relevant? Can they be re-envisioned rather than merely revised? Following an introduction that discusses these issues, thirteen newly commissioned essays present case studies of consecration in the contemporary art field, and three commissioned discussions present diverse positions on issues of the canon and consecration processes today. This volume will be of interest to instructors and students of contemporary art, art history, and museum and curatorial studies.

This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

“Through elegant ethnography and nuanced theorization . . . gives us a new way of thinking about violence, development, modernity, and ultimately, the city.” —Ananya Roy, University of California, Los Angeles Beirut is a city divided. Following the Green Line of the civil war, dividing the Christian east and the Muslim west, today hundreds of such lines dissect the city. For the residents of Beirut, urban planning could hold promise: a new spatial order could bring a peaceful future. But with unclear state structures and outsourced public processes, urban planning has instead become a contest between religious-political organizations and profit-seeking developers. Neighborhoods reproduce poverty, displacement, and urban violence. For the War Yet to Come examines urban planning in three neighborhoods of Beirut’s southeastern peripheries, revealing how these areas have been developed into frontiers of a continuing sectarian order. Hiba Bou Akar argues these neighborhoods are arranged, not in the expectation of a bright future, but according to the logic of “the war yet to come”: urban planning plays on fears and differences, rumors of war, and paramilitary strategies to organize everyday life. As she shows, war in times of peace is not fought with tanks, artillery, and rifles, but involves a more mundane territorial contest for land and apartment sales, zoning and planning regulations, and infrastructure projects. Winner of the Anthony Leeds Prize “Upends our conventional notions of center and periphery, of local and transnational, even of war and peace.” —AbdouMaliq Simone, Max Planck Institute for the Study of Religious and Ethnic Diversity “Fascinating, theoretically astute, and empirically rich.” —Asef Bayat, University of Illinois — Urbana-Champaign “An important contribution.” —Christine Mady, International Journal of Middle East Studies

Re-envisioning the Contemporary Art Canon: Perspectives in a Global World seeks to dissect and interrogate the nature of the present-day art field, which has experienced dramatic shifts in the past 50 years. In discussions of the canon of art history, the notion of ‘inclusiveness’, both at the level of rhetoric and as a desired practice is on the rise and gradually replacing talk of ‘exclusion’, which dominated critiques of the canon up until two decades ago. The art field has dramatically, if insufficiently, changed in the half-century since the first protests and critiques of the exclusion of ‘others’ from the art canon. With increased globalization and shifting geopolitics, the art field is expanding beyond its Euro-American focus, as is particularly evident in the large-scale international biennales now held all over the globe. Are canons and counter-canons still relevant? Can they be re-envisioned rather than merely revised? Following an introduction that discusses these issues, thirteen newly commissioned essays present case studies of consecration in the contemporary art field, and three commissioned discussions present diverse positions on issues of the canon and consecration processes today. This volume will be of interest to instructors and students of contemporary art, art history, and museum and curatorial studies.

German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive conception of the rule of law and the widespread support for its powerful Constitutional Court are typically explained in one of two ways: as a story of change in reaction to National Socialism, or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to understand the rise of the German Constitutional Court. It interprets the particular features of German constitutional jurisprudence and the Court's strength as a reconciliation of two different legal paradigms: first, a hierarchical legal culture as described by Mirjan Damaska, building on Max Weber, as opposed to a more co-ordinate understanding of legal authority such as prevails in the United States, and secondly, the turn towards a transformative understanding of constitutionalism, as it is today most often associated with countries such as South Africa and India. Using post-war legal history and sociological and empirical research in addition to case law, this book demonstrates how German constitutionalism has harmonized the frequently conflicting demands of these two legal paradigms, resulting in a distinctive type of constitutional reasoning, at once open, pragmatic, formalist, and technical, which this book labels Value Formalism. Value Formalism, however, also comes with serious drawbacks, such as a lack of institutional self-reflection in the Court's jurisprudence and a closure of constitutional discourse to laymen, whom it excludes from the realm of legitimate interpreters.

Comparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here i

In this sprawling and ambitious book John Braithwaite successfully manages to link the contemporary dynamics of macro political economy to the dynamics of citizen engagement and organisational activism at the micro intestacies of governance practices. This is no mean feat and the logic works. . . Stephen Bell, The Australian Journal of Public Administration Everyone who is puzzled by modern regulocracy should read this book. Short and incisive, it represents the culmination of over twenty years work on the subject. It offers us a perceptive and wide-ranging perspective on the global development of regulatory capitalism and an important analysis of points of leverage for democrats and reformers. Christopher Hood, All Souls College, Oxford, UK It takes a great mind to produce a book that is indispensable for beginners and experts, theorists and policymakers alike. With characteristic clarity, admirable brevity, and his inimitable mix of description and prescription, John Braithwaite explains how corporations and states regulate each other in the complex global system dubbed regulatory capitalism. For Braithwaite aficionados, Regulatory Capitalism brings into focus the big picture created from years of meticulous research. For Braithwaite novices, it is a reading guide that cannot fail to inspire them to learn more. Carol A. Heimer, Northwestern University, US Reading Regulatory Capitalism is like opening your eyes. John Braithwaite brings together law, politics, and economics to give us a map and a vocabulary for the world we actually see all around us. He weaves together elements of over a decade of scholarship on the nature of the state, regulation, industrial organization, and intellectual property in an elegant, readable, and indispensable volume. Anne-Marie Slaughter, Princeton University, US Encyclopedic in scope, chock full of provocative even jarring claims, Regulatory Capitalism shows John Braithwaite at his transcendental best. Ian Ayres, Yale Law School, Yale University, US Contemporary societies have more vibrant markets than past ones. Yet they are more heavily populated by private and public regulators. This book explores the features of such a regulatory capitalism, its tendencies to be cyclically crisis-ridden, ritualistic and governed through networks. New ways of thinking about resultant policy challenges are developed. At the heart of this latest work by John Braithwaite lies the insight by David Levi-Faur and Jacint Jordana that the welfare state was succeeded in the 1970s by regulatory capitalism. The book argues that this has produced stronger markets, public regulation, private regulation and hybrid private/public regulation as well as new challenges such as a more cyclical quality to crises of market and governance failure, regulatory ritualism and markets in vice. However, regulatory capitalism also creates opportunities for better design of markets in virtue such as markets in continuous improvement, privatized enforcement of regulation, open source business models, regulatory pyramids with networked escalation and meta-governance of justice. Regulatory Capitalism will be warmly welcomed by regulatory scholars in political science, sociology, history, economics, business schools and law schools as well as regulatory bureaucrats, policy thinkers in government and law and society scholars.

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

This book explores the concept of 'cognitive injustice': the failure to recognise the different ways of knowing by which people across the globe run their lives and provide meaning to their existence. Boaventura de Sousa Santos shows why global social justice is not possible without global cognitive justice. Santos argues that Western domination has profoundly marginalised knowledge and wisdom that had been in existence in the global South. She contends that today it is imperative to recover and valorize the epistemological diversity of the world. Epistemologies of the South outlines a new kind of bottom-up cosmopolitanism, in which conviviality, solidarity and life triumph against the logic of market-ridden greed and individualism.