constitutionalism identity difference and legitimacy theoretical perspectives constitutional conflicts s

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Constitutionalism Identity Difference And Legitimacy

Author : Michel Rosenfeld
ISBN : 0822315165
Genre : Law
File Size : 48. 88 MB
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Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume--written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists--investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory. Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society's quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality. This collection's broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law. Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

Promoting The Rule Of Law In Post Conflict States

Author : Laura Grenfell
ISBN : 9781107067516
Genre : Law
File Size : 87. 78 MB
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In most post-conflict states, a strong level of legal pluralism is the norm, particularly in regions of Africa and Asia where between eighty and ninety per cent of disputes are resolved through non-state legal mechanisms. The international community, in particular the United Nations, persistently drives the re-establishment of the rule of law in war-torn areas where, traditionally, customary law is prevalent. Laura Grenfell traces the international community's evolving understanding of the rule of law in such regions and explores the implications of strong legal pluralism for the rule-of-law enterprise. Using the comparative examples of two unique case studies, South Africa and Timor-Leste, Promoting the Rule of Law provides insight into the relationship between the rule of law and legal pluralism. Alongside these studies, the book offers a comprehensive introduction to the conceptual framework of the rule of law in the context of approaches taken by the international community.

Handbook On Global Constitutionalism

Author : Anthony F. Lang, Jr.
ISBN : 9781783477357
Genre :
File Size : 50. 45 MB
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This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.

Social Difference And Constitutionalism In Pan Asia

Author : Susan H. Williams
ISBN : 9781107729483
Genre : Political Science
File Size : 89. 73 MB
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In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across 'Pan-Asia', a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference - religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation - in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.

The Moro Islamic Challenge

Author : Soliman M. Santos
ISBN : 9715423027
Genre : Conflict management
File Size : 29. 56 MB
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African And Asian Studies

Author :
ISBN : STANFORD:36105121667880
Genre : Africa
File Size : 56. 42 MB
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Comparative Constitutionalism

Author : Michel Rosenfeld
ISBN : UOM:35112204421384
Genre : Law
File Size : 37. 26 MB
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This law school casebook examines how the vast increase in international movements of people, capital, goods, ideas and information affect politics in and beyond nation-states, The rule of law and separation of powers, and fundamental rights. it contains case excerpts from at least 40 countries in all continents, examining the assumptions, choices and trade-offs, strategies and effects of decisions from constitutional courts and human rights tribunals in different legal systems and political contexts. it discusses different theories of constitutionalism and how constitutional democracies address similar issues, In different institutional settings. The second edition newly covers the controversy concerning citations to foreign authorities in U.S. Supreme Court decisions, As well as cases arising out of the war on terrorism, including torture. In particular, there is new material on dignity, gay marriage, data protection, pornography, religious diversity, and developments in social welfare.

Human Rights Theories And Practices

Author : Human Rights Institute of South Africa
ISBN : UOM:39015055864600
Genre : Human rights
File Size : 52. 21 MB
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Constitution Making Process

Author : Instytut Spraw Publicznych (Warsaw, Poland). Centrum Konstytucjonalizmu i Kultury Prawnej
ISBN : 8386917229
Genre : Law
File Size : 46. 23 MB
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Constitutional Democracy In South Africa 1994 2004

Author : Max Du Plessis
ISBN : UVA:X004917873
Genre : Civil law
File Size : 82. 60 MB
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