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Legal pluralism and progressive constitutionalism: An introduction to the South African challenge for post-national governace

Siliquini-Cinelli, Luca 2015, Legal pluralism and progressive constitutionalism: An introduction to the South African challenge for post-national governace, Journal of comparative law in Africa, vol. 2, no. 1, pp. 1-27.

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Title Legal pluralism and progressive constitutionalism: An introduction to the South African challenge for post-national governace
Author(s) Siliquini-Cinelli, Luca
Journal name Journal of comparative law in Africa
Volume number 2
Issue number 1
Start page 1
End page 27
Total pages 27
Publisher Juta
Place of publication Lansdowne, South Africa
Publication date 2015
ISSN 2311-6889
Keyword(s) legal pluralism
post-national governance
progressive constitutionalism
Summary The aim of this article is to contribute to the current academic debate on pluralistmechanisms of post-national governance as a particular type of ‘stateless law’. Moreprecisely, this article is conceived as an introduction to aid further research on the shape(and extent) that post-national governance may eventually assume (and reach) in SouthAfrica. Attention is, therefore, paid to legal pluralism as a key factor of pluralist settings ofpost-national government. An overview of the essence and features of post-nationalgovernance is provided, and a brief comparison is made between hard hierarchical andsoft-networked forms of governance. In pursuing the suggested roadmap, reference is madeto the current European landscape on post-national governance, which is ontologicallyinevitable in discussing the essence, structure, aims, challenges and limitations ofpost-national governance. Moreover, the necessity of adopting a comparative modusinvestigandi is due to the circumstance that although South Africa and the EuropeanUnion (EU) share important elements (e.g., legal pluralism, financial instability andfuture common challenges), South Africa has an extremely progressive constitution — aresult that the EU has been unable to achieve formally. Thus, while explaining whySouth Africa may represent fertile ground for such an architecture of governance, this articlediscusses why the South African Constitution may be a ‘value add’ that may help post-national governance avoid the difficulties thus far encountered on the Europeancontinent.
Language eng
Field of Research 180106 Comparative Law
Socio Economic Objective 940499 Justice and the Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2015, Juta
Persistent URL http://hdl.handle.net/10536/DRO/DU:30074826

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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