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Edited by Hans-Joachim Giessmann, Roger Mac Ginty, Beatrix Austin and Christine Seifert
Hans J. Giessmann and Roger Mac Ginty
Sylvia I. Bergh and Salima Ahmadou
Since October 2016 and starting in the northern Rif region, Morocco has witnessed popular protests fuelled by a widespread sense of hogra, i.e. deprivation of dignity due to nepotism, corruption and marginalisation. These protests can be considered a revival of the spirit of the February 20 Movement (F20M) of 2011, which led to the adoption of a new Constitution. Based on interviews with activists in Rabat, Casablanca and Tangier, this chapter addresses the following questions: How did these activists keep the spirit of the F20M alive? How are their ‘acts of citizenship’ (Engin Isin) helping them to claim public spaces? How do they understand the concept of citizenship as compared to how it is used in the state’s discourse? What are the state’s reactions to their activities, and how do the groups in turn respond to them? Finally, what, if anything, does the 2011 Constitution mean to these activists?
Edited by Nils A. Butenschøn and Roel Meijer
Nils A. Butenschøn
Presenting main academic discourses on Israel as an ‘ethnic’ state, ‘democratic’ state, and ‘Jewish’ state, Nils Butenschøn maintains that whereas the legal and institutional fabric of the State of Israel is ethnocratic in distribution of rights and resources, the state itself, just like Palestine, is still a state in the making, an unfinished state. He argues that the citizenship approach is sufficiently open in its theoretical orientation and precise enough as an analytical tool to capture the complexities of Israel as a state formation, and yet identify the distinct challenges this state poses in its relations with the various demographic groups that have claims to the territories under its current rule or control. The nature of these challenges can only be fully comprehended with a view to the extent, content, and depth of citizenship as premised by Zionism, the state ideology, and the historic conditions of the unfolding Palestine conflict.
Anthony F. Lang, Jr. and Antje Wiener
This chapter provides an introduction and framework to the volume. It provides a historical overview of constitutional thought and highlights the four principles of constitutionalism: rule of law, separation of powers, constituent power, and rights. It demonstrates the ways in which this history and these principles are relevant for global constitutionalism. It argues that a practice-based approach to global constitutionalism provides space for contestation of the traditional liberal history and principles of constitutional thought, highlighting new ways in which this idea can be understood and assessed.
Joanna R. Quinn
The chapter traces the development of transitional justice (TJ), focusing on four of the most widely used instruments of TJ (criminal prosecutions, reparations, amnesty and truth-telling). It then outlines the development of TJ approaches and instruments around the world. Those same four commonly used instruments are utilized as a means of comparing experiences across continents. Finally, the chapter considers the ‘growing pains’ of the scholarship and practice of transitional justice. The questions raised have arisen because the field has matured to the extent that critical questions can and must be asked. Six of these are considered: deepening international engagement; the effect of contagion; simultaneity and the problems it brings; the call to address economic, social and cultural rights; the limits of what transitional justice can actually address; and the parameters of the transition in question. Origins and development of transitional justice; Europe; Latin America; Sub-Saharan Africa; Asia.