Constitutionalism of the Global South: the Activist Tribunals of India, South Africa, and Colombia

The Indian Supreme Court, the South African Constitutional Court, and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa, and Latin America, these courts are widely seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these three courts are gradually creating what can be called a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these three Courts on three key topics: access to justice, cultural diversity, and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the important differences on how they interpret and solve key constitutional problems.