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 : 22. 16 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.

Routledge Handbook Of Constitutional Law

Author : Mark Tushnet
ISBN : 9781135100186
Genre : Law
File Size : 33. 88 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.

Collective Rights

Author : Miodrag A. Jovanović
ISBN : 9781107007383
Genre : Law
File Size : 40. 7 MB
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A legal-theoretical account of collective rights, grounded in the normative-moral view of 'value collectivism'.

Religion Secularism And Constitutional Democracy

Author : Jean L. Cohen
ISBN : 9780231540735
Genre : Religion
File Size : 61. 71 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.

Multiculturalism And The Canadian Constitution

Author : Stephen J. Tierney
ISBN : 9780774840071
Genre : Political Science
File Size : 24. 46 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.

Introducing Democracy

Author : David Beetham
ISBN : 0745615198
Genre : Political Science
File Size : 24. 52 MB
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This textbook, specially commissioned by UNESCO, addresses eighty of the most pressing questions about democracy today.

Values In Global Administrative Law

Author : Gordon Anthony
ISBN : 9781847316271
Genre : Law
File Size : 35. 73 MB
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Global Administrative Law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. The present collection brings together some of the leading scholars working in the field of global administrative law to address past and future challenges related to global governance. Each of the contributions picks up on the more general theme of the values that do or should inform global administrative law, and the book in this way provides a novel and thought-provoking commentary on this most engaging area of debate. Values in Global Administrative Law will be of interest to public lawyers, social and political scientists and scholars of international relations. It will also be an invaluable resource for undergraduate and postgraduate courses that touch partly or exclusively on the challenges of global governance.

Islamic Globalization

Author :
ISBN : 9789814508445
Genre : Political Science
File Size : 40. 6 MB
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Islamic Globalization examines the Muslim world''s growing importance in creating a more inclusive international system that is increasingly multipolar and multicultural. The author describes an emerging pattern of Islamic globalization as a series of transformations in four interrelated areas OCo pilgrimage and religious travel, capitalism and Islamic finance, democracy and Islamic modernism, and diplomacy and great power politics. The book integrates the disciplines of religion, politics, economics, law, and international relations highlighting developments in the Middle East, South Asia, Southeast Asia, and Africa. It provides new insights into the rapidly growing ties between China and the Islamic world, exploring their likely impact on the balance of power in Eurasia and beyond.

Constitutional Patriotism

Author : Jan-Werner Müller
ISBN : 1400828082
Genre : Political Science
File Size : 34. 63 MB
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Constitutional Patriotism offers a new theory of citizenship and civic allegiance for today's culturally diverse liberal democracies. Rejecting conventional accounts of liberal nationalism and cosmopolitanism, Jan-Werner Müller argues for a form of political belonging centered on universalist norms, adapted for specific constitutional cultures. At the same time, he presents a novel approach to thinking about political belonging and the preconditions of democratic legitimacy beyond the nation-state. The book takes the development of the European Union as a case study, but its lessons apply also to the United States and other parts of the world. Müller's essay starts with an engaging historical account of the origins and spread of the concept of constitutional patriotism-the idea that political attachment ought to center on the norms and values of a liberal democratic constitution rather than a national culture or the "global human community." In a more analytical part, he then proposes a critical conception of citizenship that makes room for dissent and civil disobedience while taking seriously a polity's need for stability over time. Müller's theory of constitutional patriotism responds to the challenges of the de facto multiculturalism of today's states--with a number of concrete policy implications about immigration and the preconditions for citizenship clearly spelled out. And it asks what civic empowerment could mean in a globalizing world.

Multiculturalism In Latin America

Author : R. Sieder
ISBN : 9781403937827
Genre : Political Science
File Size : 70. 43 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.

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