Constitutional Democracy In A Multicultural And Globalised World

Author: Thomas Fleiner
Publisher: Springer Science & Business Media
ISBN: 3540764127
Size: 63.79 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.

A Global Environmental Right

Author: Stephen Turner
Publisher: Routledge
ISBN: 1135090254
Size: 69.46 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
Publisher: Routledge
ISBN: 1135100187
Size: 43.49 MB
Format: PDF, ePub
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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
Publisher: Cambridge University Press
ISBN: 1107007380
Size: 39.11 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
Publisher: Columbia University Press
ISBN: 0231540736
Size: 52.22 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.

Values In Global Administrative Law

Author: Gordon Anthony
Publisher: Bloomsbury Publishing
ISBN: 1847316271
Size: 35.62 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.

The People Vs Democracy

Author: Yascha Mounk
Publisher: Harvard University Press
ISBN: 0674976827
Size: 11.54 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.

Multiculturalism And The Canadian Constitution

Author: Stephen J. Tierney
Publisher: UBC Press
ISBN: 0774840072
Size: 28.33 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.

Jihad Vs Mcworld

Author: Benjamin Barber
Publisher: Ballantine Books
ISBN: 0307874443
Size: 56.15 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.

Constitutional Theory

Author: Carl Schmitt
Publisher: Duke University Press
ISBN: 9780822390589
Size: 37.49 MB
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Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.