CONSTITUTIONAL JUSTICE IN AFRICA: An Examination of Constitutional Positivism, Fundamental Law and Rights in Ghana and Nigeria

This work explores the idea of constitutional justice in Africa with a focus on constitutional interpretation in Ghana and Nigeria. The objective is to develop a theory of constitutional interpretation based upon a conception of law that allows the existing constitutions of Ghana and Nigeria to be construed by the courts as law in a manner that best serves the collective wellbeing of the people. The project involves an examination of both legal theory and substantive constitutional law. The theoretical argument will be applied to show how a proper understanding of the ideals of the rule of law and constitutionalism in Ghana and Nigeria necessitate the conclusion that socio-economic rights in those countries are constitutionally protected and judicially enforceable. The thesis argues that this conclusion follows from a general claim that constitutions should represent a ‘fundamental law’ and must be construed as an aspirational moral ideal for the common good of the people. The argument is essentially about the inherent character of ‘legality’ or the ‘rule of law.’ It weaves together ideas developed by Lon Fuller, Ronald Dworkin, T.R.S. Allan and David Dyzenhaus, as well as the strand of common law constitutionalism associated with Sir Edward Coke, to develop a moral sense of ‘law’ that transcends the confines of positive or explicit law while remaining inherently ‘legal’ as opposed to purely moral or political. What emerges is an unwritten fundamental law of reason located between pure morality or natural law on the one hand and strict, explicit, or positive law on the other. It is argued that this fundamental law is, or should be, the basis of constitutional interpretation, especially in transitional democracies like Ghana and Nigeria, and that it grounds constitutional protection for socio-economic rights. Equipped with this theory of law, courts in developing African countries like Ghana and Nigeria will be in a better position to contribute towards developing a real sense of constitutional justice for Africa.

Magners Man: Irish Cider, Representations of Masculinity and the "Burning Celtic Soul"

In this paper we go in search of the Celtic Soul, tracking its historical intertwining with, and relation to, Irish masculinity, from Ireland's pre-colonial past to its colonial days and finally to its postcolonial present. We argue that the Celtic soul manifests itself, with great success, in the Magners Irish Cider advertising campaign. As a key part of our analysis we also illustrate how representations of the Irish Celt serve as a means of enabling young male consumers to reconcile the many tensions and contradictions they are experiencing over what it means to perform ideals of masculinity in contemporary western culture.

WAKING (TO) THINKING BEING: A STUDY OF EDUCATION, METAPHYSICS, MIND, AND LANGUAGE

This dissertation articulates the basic aims and achievements of education. It recognizes language as central to thinking, and philosophy and education as belonging profoundly to one another. The first step is to show that although philosophy can no longer claim to dictate the foundations of knowledge or of disciplines of inquiry, it still offers an exceptionally general level of self-understanding. Education is equally general and faces a similar crisis of self-identity, of coming to terms with reality. Language is the medium of thought and the repository of historical mind; so a child’s acquisition of language is her acquisition of rational freedom. This marks a metaphysical change: no longer merely an animal, she comes to exercise her powers of rationality, transcending her environment by seeking and expressing reasons for thinking and doing. She can think about herself in relation to the universe, hence philosophize and educate others in turn. The discussion then turns to the historical nature of language. The thinking already embedded in language always anticipates further questioning. Etymology serves as a model for philosophical understanding, and demonstrates how philosophy can continue to yield insights that are fundamental, but not foundational, to human life. The etymologies of some basic educational concepts disclose education as a leading out and into the midst of Being. The philosophical approach developed in previous chapters applies to the very idea of an educational aim. Discussion concerning the substantiality of educational ideals results in an impasse: one side recommends an open-­ended understanding of education’s aims; the other insists on a definitive account. However, educational ideals exhibit a conceptual duality: the fundamental achievements of education, such as rational freedom, are real; but how we should understand them remains an open question. The penultimate chapter investigates philosophical thinking as the fulfillment of rational freedom, whose creative insights can profoundly transform our everyday activities. That this transformative self-understanding is without end suggests the basic aims of education are unheimlich. The dissertation concludes with speculative reflection on the shape and nature of language, and with the suggestion that through education reality awakens to itself.

Between Principle and Practicality: A Dynamic Realist Examination of Independence in the Canadian Justice System

This work examines independence in the Canadian justice system using an approach adapted from new legal realist scholarship called ‘dynamic realism’. This approach proposes that issues in law must be considered in relation to their recursive and simultaneous development with historic, social and political events. Such events describe ‘law in action’ and more holistically demonstrate principles like independence, rule of law and access to justice. My dynamic realist analysis of independence in the justice system employs a range methodological tools and approaches from the social sciences, including: historical and historiographical study; public administrative; policy and institutional analysis; an empirical component; as well as constitutional, statutory interpretation and jurisprudential analysis. In my view, principles like independence represent aspirational ideals in law which can be better understood by examining how they manifest in legal culture and in the legal system. This examination focuses on the principle and practice of independence for both lawyers and judges in the justice system, but highlights the independence of the Bar. It considers the inter-relation between lawyer independence and the ongoing refinement of judicial independence in Canadian law. It also considers both independence of the Bar and the Judiciary in the context of the administration of justice, and practically illustrates the interaction between these principles through a case study of a specific aspect of the court system. This work also focuses on recent developments in the principle of Bar independence and its relation to an emerging school of professionalism scholarship in Canada. The work concludes by describing the principle of independence as both conditional and dynamic, but rooted in a unitary concept for both lawyers and judges. In short, independence can be defined as impartiality, neutrality and autonomy of legal decision-makers in the justice system to apply, protect and improve the law for what has become its primary normative purpose: facilitating access to justice. While both independence of the Bar and the Judiciary are required to support access to independent courts, some recent developments suggest the practical interactions between independence and access need to be the subject of further research, to better account for both the principles and the practicalities of the Canadian justice system.

Radical Ambition: A Portrait of the Toronto New Left, 1958-1985

This thesis examines the rise and decline of the New Left in Toronto from 1958 to 1985. It argues that New Leftism — whose three leading ideals were self-management, national liberation, and community — arose as much from the Old Left as it did from the peace movement. In contrast to earlier readings that interpret the New Left narrowly — essentially, as the combined forces of the white student and peace movements evident mainly on university campuses — this thesis documents the extent to which New Leftism, interpreted as a political formation, provided a framework for a diversity of radical social movements, especially feminism, Black Power, gay liberation, resistance to the capitalist redevelopment of the city, and transnational solidarity. It also questions a declensionist narrative that adopts a “decadal” approach to the radicalism of the sixties, according to which 1970 spelled the end of “60s” radicalism. Quite the contrary, this thesis argues: in Toronto, it would be truer to say that 1970s were “the sixties,” in that only in this later decade did many New Left movements attain their full maturity. New Leftists successfully challenged a host of institutions, sometimes with permanent effects. The educational system was transformed. Cultural institutions and practices were revolutionized. Questions of race and gender, once peripheral to the left, were made central to it. Democratic community institutions became far more powerful. A token of the strength and durability of the New Left in Toronto was the extent to which it remained the bête noir of a series of other radical groups upholding the model of the vanguard communist party — which challenged the New Leftists’ prominence but many members of which often wound up agreeing with their positions. It was only in the early 1980s, with the ascent of a new right, that Toronto’s New Left unmistakably entered a period of decline. Yet, even then, many of its key themes were picked up by fast-growing anarchist and socialist feminist currents. Far from constituting a minor phenomenon, Toronto’s New Left, one of the largest movements for social justice in Canadian history, bequeathed to its progressive successors an imposing legacy of struggle and cultural achievements. It is the purpose of this thesis to evaluate, both critically and sympathetically, the extent to which the New Left attained its radical ambition.

The principle of legal certainty as a principle of economic efficiency

Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not lead to the hastened conclusion that therefore the principle of legal certainty would be compatible and tantamount to the principle of economic efficiency. We intend to analyse the efficiency rationale of an important general principle of EU law—the principle of legal certainty. In this paper, we shall assert that not only does the EU legal certainty principle encapsulate an efficiency rationale, but most importantly, it has been interpreted by the ECJ as such. The economic perspective of the principle of legal certainty in the European context has, so far, never been adopted. Hence, we intend to fill in this gap and propose the representation of the principle of legal certainty as a principle of economic efficiency. After having deciphered the principle of legal certainty from a law and economics perspective (1), we shall delve into the jurisprudence of the ECJ so that the judicial reasoning of the Court as this reasoning proves the relevance of the proposed representation (2). Finally, we conclude in light of the findings of this paper (3).

Facilitating Inclusion: Austrian Wisdom Councils as Democratic Innovation between Consensus and Diversity

Democratic innovations face the challenge of realizing deliberative democratic ideals in the context of structural inequality. Consensus decision making and expertise have been said to have exclusive effects on marginalized groups like women and ethnic and sexual minorities, which obstructs diversity. Wisdom Councils as practiced in Austria attempt to counter inequalities by including marginalized groups through the moderation technique dynamic facilitation. Exploratory participatory observations and interviews with a moderator and the participants of two Wisdom Councils in Austria provide a deeper understanding of the inclusive processes at work in Wisdom Councils facilitating a productive combination of consensus and diversity.

The European Union Foreign Policy in the Caucasus and Central Asia: The Limitations of the Opening towards the East

This article intends to study the evolution of the European Union foreign policy in the Southern Caucasus and Central Area throughout the Post-Cold War era. The aim is to analyze Brussels’ fundamental interests and limitations in the area, the strategies it has implemented in the last few years, and the extent to which the EU has been able to undermine the regional hegemons’ traditional supremacy. As will be highlighted, the Community’s chronic weaknesses, the local determination to preserve sovereignty and an increasing international geopolitical competition undermine any European aspiration to become a pre-eminent actor at the heart of the Eurasian continent in the near future.

Rethinking Care Through Social Reproduction: Articulating Circuits of Migration

Care has come to dominate much feminist research on globalized migrations and the transfer of labor from the South to the North, while the older concept of reproduction had been pushed into the background but is now becoming the subject of debates on the commodification of care in the household and changes in welfare state policies. This article argues that we could achieve a better understanding of the different modalities and trajectories of care in the reproduction of individuals, families, and communities, both of migrant and nonmigrant populations by articulating the diverse circuits of migration, in particular that of labor and the family. In doing this, I go back to the earlier North American writing on racialized minorities and migrants and stratified social reproduction. I also explore insights from current Asian studies of gendered circuits of migration connecting labor and marriage migrations as well as the notion of global householding that highlights the gender politics of social reproduction operating within and beyond households in institutional and welfare architectures. In contrast to Asia, there has relatively been little exploration in European studies of the articulation of labor and family migrations through the lens of social reproduction. However, connecting the different types of migration enables us to achieve a more complex understanding of care trajectories and their contribution to social reproduction.

Narrative Deliberation? On Storytelling as a Necessary Component of Public Deliberation

This paper deals with the place of narrative, that is, storytelling, in public deliberation. A distinction is made between weak and strong conceptions of narrative. According to the weak one, storytelling is but one rhetorical device among others with which social actors produce and convey meaning. In contrast, the strong conception holds that narrative is necessary to communicate, and argue, about topics such as the human experience of time, collective identities and the moral and ethical validity of values. The upshot of this idea is that storytelling should be a necessary component of any ideal of public deliberation. Contrary to recent work by deliberative theorists, who tend to adopt the weak conception of narrative, the author argues for embracing the strong one. The main contention of this article is that stories not only have a legitimate place in deliberation, but are even necessary to formulate certain arguments in the fi rst place; for instance, arguments drawing on historical experience. This claim, namely that narrative is constitutive of certain arguments, in the sense that, without it, said reasons cannot be articulated, is illustrated by deliberative theory’s own narrative underpinnings. Finally, certain possible objections against the strong conception of narrative are dispelled.

“Work of Kinship” done by Families in Santiago de Chile

This paper reports the progress achieved in an anthropological investigation based on which there is now a more in depth understanding of some dimensions of the “kinship work” carried out by families in Chile. The main objective is to analyze the work of maintaining family links performed primarily by women within families and show how this work reproduces gender inequalities within them. On the basis of a longitudinal methodology based on semi-structured interviews, it is concluded that the work of maintaining family links performed by women is crucial but goes unnoticed because kinship obligations are seen as a naturally being part of women’s role in the family.

Civic Humanism and the Classical Tradition in the Early Republic of Chile

The first decades of the 19th century constituted a period of profound change for Chile, the principal results of which were to be seen in the consolidation of the process of independence from Spanish dominion in 1818. The consequences were not limited to a revolution of military and political nature; they also included a renovation of the cultural panorama -at least among the educated patriots who made an effort to distance themselves ideologically from the Monarchy-, with the implicit challenge of establishing a new order for Chile, based on legitimate and universally recognizable foundations. The inspirational framework for these efforts is usually associated with other revolutionary examples -France and the United States- that preceded the emancipation processes in Spanish America, as well as with the discourses of illustrated liberalism. As we will attempt to demonstrate in this study, a new reading of the texts written by the Creoles that lead the Chilean independence process may, nonetheless, also reveal the relevance of the classical tradition as a model for the configuration and legitimization of the first Republican projects that especially admired the ideals of Republicanism.

Population and Government in Colonial Buenos Aires. An Approach to the Study of the Tensions Generated by Demographic Growth in the City (1740-1776)

The relationship between population and government in the City of Buenos Aires is analyzed, focusing on the tensions generated by the arrival of new individuals, a local elite with great interests in commerce and in charge of community affairs, and Spanish functionaries that progressively adopted the ideals of the Bourbon Dynasty, despite also being implicated in local logics. It interests us to observe the governors’ perspectives with respect to everyday developments in the city, their preoccupations and interests, and how they would vary the mechanisms to which they resorted in order to organize daily life, in the period defined between 1740 and 1776.

El color en los códices prehispánicos del México Central: identificación material, cualidad plástica y valor estético

Este artículo investiga algunos de los valores plásticos y estéticos que presidieron la selección y la preparación de las materias colorantes empleadas para iluminar los códices creados por los nahuas del México Central durante el Posclásico Tardío. Estos códices son interesantes porque análisis arqueométricos y exámenes codicológicos recientes han permitido conocer la materialidad de su capa pictórica, así como las características formales y el comportamiento de los colores en estas obras. Uno de los aportes trascendentales de estos estudios ha sido averiguar que la paleta cromática que sirvió para pintar los códices del México Central era principalmente de origen orgánico, lo que contrasta con la naturaleza de los pigmentos detectados en restos de pintura mural y en esculturas creadas por los nahuas que son sobre todo minerales. El objetivo de este artículo es reflexionar sobre las razones de esas diferencias y demostrar que el uso de los colorantes orgánicos en los códices respondía a un fin plástico específico que concordaba con el canon estético imperante en la sociedad náhuatl.

Caught in the conundrum: neoliberalism and education in post-conflict Northern Ireland: Exploring Shared Education

Northern Ireland (NI) is emerging from a violent period in its troubled history and remains a
society characterized by segregation between its two main communities. Nowhere is this more
apparent than in education, where for the most part Catholic and Protestant pupils are
educated separately. During the last 30 years there has been a twofold pressure placed on the
education system in NI - at one level to respond to intergroup tensions by promoting
reconciliation, and at another, to deal with national policy demands derived from a global neoliberalist
economic agenda. With reference to current efforts to promote shared education
between separate schools, we explore the uneasy dynamic between a school-based
reconciliation programme in a transitioning society and system-wide values that are driven by
neo-liberalism and its organizational manifestation - new managerialism. We argue that whilst
the former seeks to promote social democratic ideals in education that can have a potentially
transformative effect at societal level, neoliberal priorities have the potential to both subvert
shared education and also to embed it.