constitutional democracy in a multicultural and globalised world

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Constitutional Democracy In A Multicultural And Globalised World

Author : Thomas Fleiner
ISBN : 9783540764120
Genre : Political Science
File Size : 42. 99 MB
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After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.

Federalism As Decision Making

Author : Francesco Palermo
ISBN : 9789004274518
Genre : Law
File Size : 44. 9 MB
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Federalism as decision-making deals with the fundamental question of what answers federalism, as a pragmatic governance tool, can provide to current challenges. Federal theories and the management of specific policies are examined from a comparative and multi-disciplinary perspective.

A Global Environmental Right

Author : Stephen Turner
ISBN : 9781135090258
Genre : Business & Economics
File Size : 80. 10 MB
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The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.

Routledge Handbook Of Constitutional Law

Author : Mark Tushnet
ISBN : 9781135100186
Genre : Law
File Size : 20. 71 MB
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The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

Religion Secularism And Constitutional Democracy

Author : Jean L. Cohen
ISBN : 9780231540735
Genre : Religion
File Size : 32. 59 MB
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Polarization between political religionists and militant secularists on both sides of the Atlantic is on the rise. Critically engaging with traditional secularism and religious accommodationism, this collection introduces a constitutional secularism that robustly meets contemporary challenges. It identifies which connections between religion and the state are compatible with the liberal, republican, and democratic principles of constitutional democracy and assesses the success of their implementation in the birthplace of political secularism: the United States and Western Europe. Approaching this issue from philosophical, legal, historical, political, and sociological perspectives, the contributors wage a thorough defense of their project’s theoretical and institutional legitimacy. Their work brings fresh insight to debates over the balance of human rights and religious freedom, the proper definition of a nonestablishment norm, and the relationship between sovereignty and legal pluralism. They discuss the genealogy of and tensions involving international legal rights to religious freedom, religious symbols in public spaces, religious arguments in public debates, the jurisdiction of religious authorities in personal law, and the dilemmas of religious accommodation in national constitutions and public policy when it violates international human rights agreements or liberal-democratic principles. If we profoundly rethink the concepts of religion and secularism, these thinkers argue, a principled adjudication of competing claims becomes possible.

The People Vs Democracy

Author : Yascha Mounk
ISBN : 9780674976825
Genre : Authoritarianism
File Size : 20. 10 MB
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From India to Turkey, from Poland to the United States, authoritarian populists have seized power. Two core components of liberal democracy--individual rights and the popular will--are at war, putting democracy itself at risk. In plain language, Yascha Mounk describes how we got here, where we need to go, and why there is little time left to waste.

Democracy Problems And Perspectives

Author : Roland Axtmann
ISBN : 9780748629121
Genre : Political Science
File Size : 36. 11 MB
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Democracy: Problems and Perspectives provides a critical review of the scholarly and political debates about democratic thought and of arguments about democratic practice. On the basis of an interpretation of Immanuel Kant's political philosophy, the book presents democracy as a regime type in which citizens, who are united to give law, rule themselves and where such self-rule is exercised by citizens who embrace local and global patriotism. In the course of developing this idea of democracy, the book addresses issues such as human rights and their relationship to democracy; the policy of the global promotion of human rights and democracy; sovereignty and the nation-state; popular sovereignty and multicultural citizenship; and cosmopolitanism and cosmopolitan democracy. The book will stimulate controversial discussions about the varieties of democratic imaginations and visions, past and present as well as the future of democracy in the current stage of globalisation.

Multiculturalism In Latin America

Author : R. Sieder
ISBN : 9781403937827
Genre : Political Science
File Size : 28. 12 MB
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During the last fifteen years Latin American governments reformed their constitutions to recognize indigenous rights. The contributors to this book argue that these changes post fundamental challenges to accepted notions of democracy, citizenship and development in the region. Using case studies from Mexico, Guatemala, Bolivia and Peru, they analyze the ways in which new legal frameworks have been implemented, appropriated and contested within a wider context of accelerating economic and legal globalization, highlighting the key implications for social policy, human rights and social justice.

Jihad Vs Mcworld

Author : Benjamin Barber
ISBN : 9780307874443
Genre : Political Science
File Size : 68. 61 MB
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Jihad vs. McWorld is a groundbreaking work, an elegant and illuminating analysis of the central conflict of our times: consumerist capitalism versus religious and tribal fundamentalism. These diametrically opposed but strangely intertwined forces are tearing apart--and bringing together--the world as we know it, undermining democracy and the nation-state on which it depends. On the one hand, consumer capitalism on the global level is rapidly dissolving the social and economic barriers between nations, transforming the world's diverse populations into a blandly uniform market. On the other hand, ethnic, religious, and racial hatreds are fragmenting the political landscape into smaller and smaller tribal units. Jihad vs. McWorld is the term that distinguished writer and political scientist Benjamin R. Barber has coined to describe the powerful and paradoxical interdependence of these forces. In this important new book, he explores the alarming repercussions of this potent dialectic for democracy. A work of persuasive originality and penetrating insight, Jihad vs. McWorld holds up a sharp, clear lens to the dangerous chaos of the post-Cold War world. Critics and political leaders have already heralded Benjamin R. Barber's work for its bold vision and moral courage. Jihad vs. McWorld is an essential text for anyone who wants to understand our troubled present and the crisis threatening our future. From the Trade Paperback edition.

Multiculturalism And The Canadian Constitution

Author : Stephen J. Tierney
ISBN : 9780774840071
Genre : Political Science
File Size : 72. 50 MB
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Together, the strands of Canada's diversity tell a complex story of pluralism, consolidated through a long and incremental period of constitution-building. This book brings together scholars of cultural diversity to address key components of the changing Canadian story: the evolution over time of multiculturalism within Canadian constitutional law and policy; the territorial dimension of Canadian federalism; and the role of constitutional interpretation by the courts in the development of Canada as a multicultural state. The essays illustrate how deeply multiculturalism is woven into the fabric of the Canadian constitution and the everyday lives of Canadians.

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