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This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
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Before the independence referendum in 2014, the First Minister of Scotland Alex Salmond promised a written constitution for Scotland in the event of a 'Yes' vote. The UK is almost unique in having never adopted a written constitution or other fundamental law. Why did this commitment arise in Scotland?
South Africa's urban population is set to double by the year 2010. This critical analysis of apartheid's legacy to the cities proposes a number of strategies that might prevent the transition to a multiracial society from ending in disaster.
This book is about public administration in contemporary society; more specifically, contemporary society in South Africa. But why contemporary society? The answer can be found in the fact that: "There is scarcely a single duty of government which was once simple which is not now complex; government once had but a few masters; it now has scores of masters. Majorities only underwent government; they now conduct government. Where government once might follow the whims of a court, it must now follow the whims of a nation. The authors of this book took cognizance of the transitional stage in which South Africa currently finds itself. All the most recent developments in public administration in South Africa have been taken into account. Recent reform in South Africa has shown conclusively that systems must be adapted from time to time. However, irrespective of changing systems, the basic premises of public administration remain unaltered, providing a constant frame of reference for evaluating new developments. It is for this very reason that Public Administration in Contemporary Society will never lose its relevance for academics, students and public officials.
This unique work analyzes the crisis in modern society, building on the ideas of the Frankfurt School thinkers. Emphasizing social evolution and learning processes, it argues that crisis is mediated by social class conflicts and collective learning, the results of which are embodied in constitutional and public law. First, the work outlines a new categorical framework of critical theory in which it is conceived as a theory of crisis. It shows that the Marxist focus on economy and on class struggle is too narrow to deal with the range of social conflicts within modern society, and posits that a crisis of legitimization is at the core of all crises. It then discusses the dialectic of revolutionary and evolutionary developmental processes of modern society and its legal system. This volume in the Critical Theory and Contemporary Society by a leading scholar in the field provides a new approach to critical theory that will appeal to anyone studying political sociology, political theory, and law.