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Constitutions: Writing Nations, Reading Difference

Birkbeck Law Press (2007)

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  1. Re-Reading the Declaration of Independence as Perlocutionary Performative.Yarran Hominh - 2016 - Res Publica 22 (4):423-444.
    This paper addresses the question of the constitution of ‘the people’. It argues that J.L. Austin’s concept of the ‘perlocutionary’ speech act gives us a framework for understanding the constitutive force of a specific constitutional document: the American Declaration of Independence. It does so through responding to Derrida’s analysis of the Declaration, which itself draws on Austin’s work. Derrida argues that the Declaration’s constitutive force lies in the fact that it cannot be simply understood as either ‘performative’ or ‘constative’, in (...)
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  • Addressing Structural Racism Through Constitutional Transformation and Decolonization: Insights for the New Zealand Health Sector.Heather Came, Maria Baker & Tim McCreanor - 2021 - Journal of Bioethical Inquiry 18 (1):59-70.
    In colonial states and settings, constitutional arrangements are often forged within contexts that serve to maintain structural racism against Indigenous people. In 2013 the New Zealand government initiated national conversations about the constitutional arrangements in Aotearoa. Māori leadership preceded this, initiating a comprehensive engagement process among Māori in 2010, which resulted in a report by Matike Mai Aotearoa which articulated a collective Māori vision of a written constitution congruent with te Tiriti o Waitangi by 2040.This conceptual article explores the Matike (...)
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