The Constitution's Accommodation of Social Change

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1. Unlike the North – a term in vogue today, among others, for highlighting the difference between the rich, industrialised nations of mostly Western Europe, North America, Australasia, and the rudimentary economies of Latin America, Asia and Africa – underdevelopment, characterised by low income levels, poverty, low living standards and other socio-economic ills seem to be a defining feature of countries in these regions, collectively described as the Global South. Thomas (2003), Hershberg and Moreno-Brid(2003), and, Solimano(2005) suggest, for instance, that the socio - economic structure of most Latin American countries remains defined by vast inequalities in income and wealth distribution, poverty, volatile growth, high mortality rate and a high level of economic vulnerability. In Asia, a number of countries including the large economies of India and China have made improvements in the 21st century in terms of reducing poverty. Yet, 22% of the developing countries in Asia live on a dollar a day . The situation is bleaker in the South and Southeast Asia region where 38% leave on less than a dollar a day and over 48% of the population living below the regions individual country poverty line . Likewise, absolute poverty is on the rise in Africa - generally recognised as the world’s richest continent in terms of natural resources - despite a recorded decline in global poverty rates (Bhattacharyya: 2005).

2. Against this bleak landscape, it is unsurprising that realising sustainable development continues to date to be a key priority in policy making processes these cases. In Africa, like elsewhere across the global south for instance, economic drivers of development have shaped constitutional reform processes as policy makers ...

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...n of South East Asian Nations (ASEAN), adopted the ASEAN Charter (2007) in which they affirmed their adherence to the principles of constitutional government and expressly stipulated the strengthening of “democracy . . . good governance, rule of law, and . . . human rights” as one of its main objectives . In the context of Latin America, the Organisation of American States (OAS) adopted the Inter American Charter in 2001 in which member states recognised that democracy and development are mutually reinforcing and as such, affirmed their commitment to establishing a democratic and constitutional order to consolidate this relationship. The importance of this objective is underlined by their collective agreement to invoke sanctions as extreme as suspension from the organisation where the constitutional and democratic order is reversed through unconstitutional means .

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