social and political foundations of constitutions comparative constitutional law and policy

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Social And Political Foundations Of Constitutions

Author : Denis J. Galligan
ISBN : 9781107032880
Genre : Law
File Size : 55. 5 MB
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This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.

Social And Political Foundations Of Constitutions

Author : Director of the Centre for Socio-Legal Studies Denis Galligan
ISBN : 1306071984
Genre :
File Size : 67. 95 MB
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This volume explores the social and political forces behind constitution making from a global perspective.

Constitutional Acceleration Within The European Union And Beyond

Author : Paul Blokker
ISBN : 9781315453637
Genre : Law
File Size : 74. 64 MB
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Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.

The Adventures Of The Constituent Power

Author : Andrew Arato
ISBN : 9781108515214
Genre : Law
File Size : 86. 4 MB
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Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the 18th Century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process.

Comparative Constitutional Traditions

Author : James T. McHugh
ISBN : STANFORD:36105111977562
Genre : Law
File Size : 37. 66 MB
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This book compares and contrasts several constitutional traditions from various regions of the world. The first chapter provides the foundation for norms, ideas, and values that frame this comparison. Western and Eastern concepts of law, the relationship of law and ideology, the common law and civil law systems, tribal law, property, rights and liberties, and other themes establish the basis for the remaining chapters of the book, which includes examinations of the American, British, Chinese, Canadian, Japanese, Indian, Nigerian, French, German, Saudi Arabian, and Mexican constitutional traditions within their legal and broader political contexts. This approach to comparative law at the constitutional level is the first one of its type, especially in terms of its diverse social science approach.

Constituent Assemblies

Author : Jon Elster
ISBN : 9781108427524
Genre : Law
File Size : 64. 78 MB
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Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.

Constitutions In Authoritarian Regimes

Author : Tom Ginsburg
ISBN : 9781107047662
Genre : Law
File Size : 68. 68 MB
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This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Constituents Before Assembly

Author : Todd A. Eisenstadt
ISBN : 9781107168220
Genre : Law
File Size : 82. 88 MB
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Under what circumstances do new constitutions improve a nation's level of democracy? Between 1974 and 2014, democracy increased in 77 countries following the adoption of a new constitution, but it decreased or stayed the same in 47 others. This book demonstrates that increased participation in the forming of constitutions positively impacts levels of democracy. It is discovered that the degree of citizen participation at the 'convening stage' of constitution-making has a strong effect on levels of democracy. This finding defies the common theory that levels of democracy result from the content of constitutions, and instead lends support to 'deliberative' theories of democracy. Patterns of constitutions are then compared, differentiating imposed and popular constitution-making processes, using case studies from Chile, Nigeria, Gambia, and Venezuela to illustrate the dynamics specific to imposed constitution-making, and case studies from Colombia, Ecuador, Egypt, and Tunisia to illustrate the specific dynamics of popular constitution-making.

The High Court The Constitution And Australian Politics

Author : Rosalind Dixon
ISBN : 9781107043664
Genre : Law
File Size : 82. 97 MB
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This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.

Die Erkl Rung Der Menschen Und B Rgerrechte

Author : Georg Jellinek
ISBN : 3428160002
Genre : Civil rights
File Size : 65. 99 MB
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