Patterns Of Constitutional Design

Author: Jonathan Wheatley
Publisher: Routledge
ISBN: 1317083059
Size: 23.35 MB
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To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

Participatory Constitutional Change

Author: Xenophon Contiades
Publisher: Taylor & Francis
ISBN: 131708389X
Size: 64.79 MB
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This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.

Authoritarianism And The Elite Origins Of Democracy

Author: Michael Albertus
Publisher: Cambridge University Press
ISBN: 110819642X
Size: 51.98 MB
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This book argues that - in terms of institutional design, the allocation of power and privilege, and the lived experiences of citizens - democracy often does not restart the political game after displacing authoritarianism. Democratic institutions are frequently designed by the outgoing authoritarian regime to shield incumbent elites from the rule of law and give them an unfair advantage over politics and the economy after democratization. Authoritarianism and the Elite Origins of Democracy systematically documents and analyzes the constitutional tools that outgoing authoritarian elites use to accomplish these ends, such as electoral system design, legislative appointments, federalism, legal immunities, constitutional tribunal design, and supermajority thresholds for change. The study provides wide-ranging evidence for these claims using data that spans the globe and dates from 1800 to the present. Albertus and Menaldo also conduct detailed case studies of Chile and Sweden. In doing so, they explain why some democracies successfully overhaul their elite-biased constitutions for more egalitarian social contracts.

Looking For Rights In All The Wrong Places

Author: Emily Zackin
Publisher: Princeton University Press
ISBN: 1400846277
Size: 13.18 MB
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Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.

The Crisis Of The Middle Class Constitution

Author: Ganesh Sitaraman
Publisher: Knopf
ISBN: 0451493915
Size: 24.27 MB
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"Argues that America's strong and sizable middle class is actually embedded in the framework of the nation's government and its founding document and discusses the necessity of taking equality-establishing measures,"--NoveList.

Constitutional Sentiments

Author: Andras Sajo
Publisher: Yale University Press
ISBN: 0300168616
Size: 29.88 MB
Format: PDF
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The Constitution was written to shape human behavior and affairs, and it does so by appealing to people's hearts, not only their minds. An interdisciplinary analysis sheds new light on the emotions that underlie constitutional law, with many cogent examples./DIV

The Sage Handbook Of Comparative Politics

Author: Todd Landman
Publisher: SAGE Publications
ISBN: 1412919762
Size: 26.89 MB
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The SAGE Handbook of Comparative Politics presents in one volume an authoritative overview of the theoretical, methodological, and substantive elements of comparative political science. The 28 specially commissioned chapters, written by renowned comparative scholars, guide the reader through the central issues and debates, presenting a state-of-the-art guide to the past, present, and possible futures of the field.

Constitutional Design For Divided Societies

Author: Sujit Choudhry
Publisher: OUP Oxford
ISBN: 0191021512
Size: 13.57 MB
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How should constitutional design respond to the opportunities and challenges raised by ethnic, linguistic, religious, and cultural differences, and do so in ways that promote democracy, social justice, peace and stability? This is one of the most difficult questions facing societies in the world today. There are two schools of thought on how to answer this question. Under the heading of accommodation, some have argued for the need to recognize, institutionalize and empower differences. There are a range of constitutional instruments available to achieve this goal, such as multinational federalism and administrative decentralization, legal pluralism (e.g. religious personal law), other forms of non-territorial minority rights (e.g. minority language and religious education rights), consociationalism, affirmative action, legislative quotas, etc. But others have countered that such practices may entrench, perpetuate and exacerbate the very divisions they are designed to manage. They propose a range of alternative strategies that fall under the rubric of integration that will blur, transcend and cross-cut differences. Such strategies include bills of rights enshrining universal human rights enforced by judicial review, policies of disestablishment (religious and ethnocultural), federalism and electoral systems designed specifically to include members of different groups within the same political unit and to disperse members of the same group across different units, are some examples. In this volume, leading scholars of constitutional law, comparative politics and political theory address the debate at a conceptual level, as well as through numerous country case-studies, through an interdisciplinary lens, but with a legal and institutional focus.

The Success Of India S Democracy

Author: Atul Kohli
Publisher: Cambridge University Press
ISBN: 9780521805308
Size: 35.64 MB
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How has democracy taken root in India in the face of a low-income economy, widespread poverty, illiteracy, and immense ethnic diversity? Atul Kohli brings together some of the world's leading scholars of Indian politics to consider this intriguing anomaly. They do so by focusing, not so much on socio-economic factors, but rather on the ways in which power is distributed in India. Two processes have guided the negotiation of power conflicts. First, a delicate balance has been struck between the forces of centralization and decentralization and, second, the interests of the powerful in society have been served without excluding those on the margins. These themes are addressed by the editor in his introduction, which is followed by an essay on the historical origins of Indian democracy, and two sections, one on the consolidation of democratic institutions, and the other on the forces which motivate or inhibit democratic growth.

Comparative Constitutional Design

Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107020565
Size: 59.54 MB
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This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and don't know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes, and many other issues. Bringing together positive and normative analysis, it provides the state of the art in a field of growing theoretical and practical importance.