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This open access book discusses how, and to what extent, the legal
and institutional regimes and the socio-cultural environments of a
range of European countries (the Czech Republic, Denmark, Finland,
Greece, Italy, Switzerland and the UK), in the framework of EU laws
and policies, have a beneficial or negative impact on the effective
capacity of these countries to integrate migrants, refugees and
asylum seekers into their labour markets. The analysis builds on
the understanding of socio-cultural, institutional and legal
factors as "barriers" or "enablers"; elements that may facilitate
or obstruct the integration processes. The book examines the two
dimensions of integration being access to the labour market (which,
translated into a rights language means the right to work) with its
corollaries (recognition of qualifications, vocational training,
etc.), and non-discriminatory working conditions (which, translated
into a rights language means right to both formal and substantial
equality) and its corollaries of benefits and duties deriving from
joining the labour market. It thereby offers a novel approach to
labour market integration and migration/asylum issues given its
focus on legal aspects, which includes most recent policy changes
and legal decisions (including litigation cases). The robust,
evidence-based and comparative research illustrated in the book
provides academics and students, but also practitioners and policy
makers, with up to date knowledge that will likely impact
positively on policy changes needed to better address integration
conundrums.
This volume provides a timely assessment on the progress made
towards the achievement of a constitutional democracy in South
Africa. The chapters collectively present an in-depth analysis of
the development of the legal system and of the implications of the
Constitution for the social configuration of power. To what extent
has the vision of constitutionalism contained in the Constitution
been realised? Primarily concerned with the impact of laws and the
salience of their existence and enforcement for South Africans, the
work highlights the importance of placing the constitutional regime
in its historical, cultural, social, economic and political
context. The book further recognises the importance of the South
African constitutional provisions for transnational or globalised
constitutionalism more broadly. It contains contributions from
South African scholars, as well as European authors, bringing in
new analytical angles and adding a specific comparative dimension.
Through the prism of South Africa, the authors discuss the
innovative character of constitutional and legal provisions in
terms of both constitution-making and law-making processes and
their contents. This book provides analysis that will be relevant
to scholars, students and practitioners, specifically those
interested in International Relations, Law, Sociology of Law, and
African Studies, as well as socio-political comparative studies.
During the last decade of the 20th century, Africa has been marked
by a "constitutional wind" which has blown across the continent
giving impetus to constitutional reforms designed to introduce
constitutionalism and good governance. One of the main features of
these processes has been the promotion of public participation,
encouraged by both civil society and the international community.
This book aims to provide a systematic overview of participation
forms and mechanisms across Africa, and a critical understanding of
the impact of public participation in constitution-making
processes, digging beneath the rhetoric of public participation as
being at the heart of any successful transition towards democracy
and constitutionalism. Using case studies from Central African
Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia,
South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe,
the book investigates various aspects of participatory constitution
making: from conception, to processes, and specific contents that
trigger ambivalent dynamics in such processes. The abstract
glorification of public participation is questioned as theoretical
and empirical perspectives are used to explain what public
participation does in concrete terms and to identify what lessons
might be drawn from those experiences. This is a valuable resource
for academics, researchers and students with an interest in
politics and constitution building in Africa, as well as experts
working in national offices, international organizations or in
national and international NGOs.
During the last decade of the 20th century, Africa has been marked
by a "constitutional wind" which has blown across the continent
giving impetus to constitutional reforms designed to introduce
constitutionalism and good governance. One of the main features of
these processes has been the promotion of public participation,
encouraged by both civil society and the international community.
This book aims to provide a systematic overview of participation
forms and mechanisms across Africa, and a critical understanding of
the impact of public participation in constitution-making
processes, digging beneath the rhetoric of public participation as
being at the heart of any successful transition towards democracy
and constitutionalism. Using case studies from Central African
Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia,
South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe,
the book investigates various aspects of participatory constitution
making: from conception, to processes, and specific contents that
trigger ambivalent dynamics in such processes. The abstract
glorification of public participation is questioned as theoretical
and empirical perspectives are used to explain what public
participation does in concrete terms and to identify what lessons
might be drawn from those experiences. This is a valuable resource
for academics, researchers and students with an interest in
politics and constitution building in Africa, as well as experts
working in national offices, international organizations or in
national and international NGOs.
This volume provides a timely assessment on the progress made
towards the achievement of a constitutional democracy in South
Africa. The chapters collectively present an in-depth analysis of
the development of the legal system and of the implications of the
Constitution for the social configuration of power. To what extent
has the vision of constitutionalism contained in the Constitution
been realised? Primarily concerned with the impact of laws and the
salience of their existence and enforcement for South Africans, the
work highlights the importance of placing the constitutional regime
in its historical, cultural, social, economic and political
context. The book further recognises the importance of the South
African constitutional provisions for transnational or globalised
constitutionalism more broadly. It contains contributions from
South African scholars, as well as European authors, bringing in
new analytical angles and adding a specific comparative dimension.
Through the prism of South Africa, the authors discuss the
innovative character of constitutional and legal provisions in
terms of both constitution-making and law-making processes and
their contents. This book provides analysis that will be relevant
to scholars, students and practitioners, specifically those
interested in International Relations, Law, Sociology of Law, and
African Studies, as well as socio-political comparative studies.
This open access book discusses how, and to what extent, the legal
and institutional regimes and the socio-cultural environments of a
range of European countries (the Czech Republic, Denmark, Finland,
Greece, Italy, Switzerland and the UK), in the framework of EU laws
and policies, have a beneficial or negative impact on the effective
capacity of these countries to integrate migrants, refugees and
asylum seekers into their labour markets. The analysis builds on
the understanding of socio-cultural, institutional and legal
factors as "barriers" or "enablers"; elements that may facilitate
or obstruct the integration processes. The book examines the two
dimensions of integration being access to the labour market (which,
translated into a rights language means the right to work) with its
corollaries (recognition of qualifications, vocational training,
etc.), and non-discriminatory working conditions (which, translated
into a rights language means right to both formal and substantial
equality) and its corollaries of benefits and duties deriving from
joining the labour market. It thereby offers a novel approach to
labour market integration and migration/asylum issues given its
focus on legal aspects, which includes most recent policy changes
and legal decisions (including litigation cases). The robust,
evidence-based and comparative research illustrated in the book
provides academics and students, but also practitioners and policy
makers, with up to date knowledge that will likely impact
positively on policy changes needed to better address integration
conundrums.
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