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 : 31. 99 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 : 24. 91 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 : 55. 21 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.

Pluralist Constitutions In Southeast Asia

Author : Jaclyn L Neo
ISBN : 9781509920464
Genre : Law
File Size : 50. 33 MB
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This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

Constitutions In Authoritarian Regimes

Author : Tom Ginsburg
ISBN : 9781107047662
Genre : Law
File Size : 52. 81 MB
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This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

American Constitutional Law

Author : Donald P. Kommers
ISBN : 9780742599833
Genre : Law
File Size : 54. 41 MB
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American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional order. While the focus of the book is entirely on American constitutional law, the book asks students to consider what, if anything, is unique in American constitutional life and what we share with other constitutional democracies. Each chapter is preceded by an introductory essay that highlights these major themes and also situates the cases in their proper historical and political contexts. This new edition offers updated and expanded treatment of a number of important and timely topics, including gerrymandering and campaign finance, the death penalty, privacy, affirmative action, and school segregation. The new edition offers: _ Updated and expanded treatment of key cases on gerrymandering and campaign finance _ Expanded discussion of the Court's work federalism and the commerce clause _ Discussions of the Court's new cases on the death penalty, including a discussion of the controversy within the Court about the propriety of citing foreign case law _ An expanded discussion of the Court's recent work in the area of privacy, including the Court's decisions with regard to partial birth abortions and same sex marriages _ An expanded section on the Court's continuing efforts to develop a coherent takings clause jurisprudence _ Full coverage of new developments and cases concerning affirmative action and school desegregation

Constituent Assemblies

Author : Jon Elster
ISBN : 9781108427524
Genre : Law
File Size : 44. 56 MB
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Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.

The High Court The Constitution And Australian Politics

Author : Rosalind Dixon
ISBN : 9781107043664
Genre : Law
File Size : 25. 65 MB
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This book is an important contribution to the fields of law, politics and to comparative constitutional law more generally.

The Endurance Of National Constitutions

Author : Zachary Elkins
ISBN : 9780521515504
Genre : Law
File Size : 70. 36 MB
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Based on original historical data, this book shows that key changes in design can extend constitutional life.

Constituents Before Assembly

Author : Todd A. Eisenstadt
ISBN : 9781107168220
Genre : Law
File Size : 74. 71 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.

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