Comparative Study of Copyright in Brazil, India and South Africa

by Dave
Legal scholar and Professor of Law in Development at the University of Warwick, United Kingdom, Upendra Baxi argues that the constitutional imagination of Brazil, India and South Africa are all premised on a shared history of violence and sharp inequalities. In the case of India, the birth of the constitution was preceded by the experience of colonialism and the violence of partition, in Brazil the traumatic experience of military dictatorships and in the case of South Africa the experience of apartheid. In other words, in all there countries the constitution emerged as a text of hope against a traumatic past, and the constitution was not merely a liberal document of governance, but a promissory note for a more just and equitable future. Baxi terms these as “transformative constitutions” whose responsibility to history is documented in the kind of promises made in chapters of the rights of individuals, as well as in the recognition of collective rights.