Civil Society Constitution And Legitimacy

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Civil Society, Constitution, and Legitimacy

Andrew Arato
Civil Society Constitution and Legitimacy Book PDF

Author : Andrew Arato
Publisher : Rowman & Littlefield Publishers
Page : 365 pages
File Size : 40,5 Mb
Release : 2000-04-19
Category : Philosophy
ISBN : 9780742573635

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Civil Society, Constitution, and Legitimacy by Andrew Arato Pdf

Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.

Critical Theory and Democracy

Enrique Peruzzotti,Martin Plot
Critical Theory and Democracy Book PDF

Author : Enrique Peruzzotti,Martin Plot
Publisher : Routledge
Page : 292 pages
File Size : 51,6 Mb
Release : 2012-11-27
Category : Political Science
ISBN : 9781136183713

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Critical Theory and Democracy by Enrique Peruzzotti,Martin Plot Pdf

This book focuses on Andrew Arato’s democratic theory and its relevance to contemporary issues such as processes of democratization, civil society, constitution-making, and the modern Executive. Andrew Arato is -both globally and disciplinarily- a prominent thinker in the fields of democratic theory, constitutional law, and comparative politics, influencing several generations of scholars. This is the first volume to systematically address his democratic theory. Including contributions from leading scholars such as Dick Howard, Ulrich Preuss, Hubertus Buchstein, Janos Kis, Uri Ram, Leonardo Avritzer, Carlos de la Torre, and Nicolás Lynch, this book is organized around three major areas of Arato ́s influence on contemporary political and social thought. The first section offers a comprehensive view of Arato’s scholarship from his early work on critical theory and Western Marxism to his current research on constitution-making and its application. The second section shifts its focus from the previous, comprehensive approach, to a much more specific one: Arato ́s widespread influence on the study of civil society in democratization processes in Latin America. The third section includes a previously unpublished work, ‘A conceptual history of dictatorship (and its rivals,)’ one of the few systematic interrogations on the meaning of a political form of fundamental relevance in the contemporary world. Critical Theory and Democracy will be of interest to critical and social theorists, and all Arato scholars.

Constitution Making Under Occupation

Andrew Arato
Constitution Making Under Occupation Book PDF

Author : Andrew Arato
Publisher : Columbia University Press
Page : 376 pages
File Size : 51,7 Mb
Release : 2009
Category : Constitutional history
ISBN : 9780231143028

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Constitution Making Under Occupation by Andrew Arato Pdf

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

Contending Legitimacy in World Politics

Bronwyn Winter,Lucia Sorbera
Contending Legitimacy in World Politics Book PDF

Author : Bronwyn Winter,Lucia Sorbera
Publisher : Routledge
Page : 470 pages
File Size : 41,7 Mb
Release : 2018-10-19
Category : Political Science
ISBN : 9781351703772

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Contending Legitimacy in World Politics by Bronwyn Winter,Lucia Sorbera Pdf

Legitimacy, along with security and democracy, is arguably one of the most widely used global buzzwords of the new millennium. Yet, the idea of political legitimacy is not new and has been constructed in different ways at different moments in history. This book problematizes this notion, from various contextual standpoints, disciplinary and theoretical perspectives. Taking a comparative, transnational and bottom-up approach to the study of political legitimacy, this book sheds light on multiple perceptions by different actors (institutions, civil society, majoritarian and minority subjects), analysing the notion of political legitimacy from a critical perspective. Questioning received wisdom or one-size-fits-all analyses, it leads to a reassessment of the link between legitimacy and sovereignty, and emphasises the demand by transnational civil society to go beyond identity politics, which produce logics of violence. This book was originally published as a special issue of Global Discourse.

Post Sovereign Constitution Making

Andrew Arato
Post Sovereign Constitution Making Book PDF

Author : Andrew Arato
Publisher : Oxford University Press
Page : 321 pages
File Size : 54,7 Mb
Release : 2016
Category : Law
ISBN : 9780198755982

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Post Sovereign Constitution Making by Andrew Arato Pdf

Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.

A Sociology of Constitutions

Chris Thornhill
A Sociology of Constitutions Book PDF

Author : Chris Thornhill
Publisher : Cambridge University Press
Page : 467 pages
File Size : 55,6 Mb
Release : 2011-07-14
Category : Law
ISBN : 9781139495806

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A Sociology of Constitutions by Chris Thornhill Pdf

Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.

Legitimate Governance in Africa

Edward Kofi Quashigah,Obiora Chinedu Okafor
Legitimate Governance in Africa Book PDF

Author : Edward Kofi Quashigah,Obiora Chinedu Okafor
Publisher : BRILL
Page : 637 pages
File Size : 54,6 Mb
Release : 2024-01-22
Category : Law
ISBN : 9789004636057

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Legitimate Governance in Africa by Edward Kofi Quashigah,Obiora Chinedu Okafor Pdf

Any attempt to address the ever-present problem of instability in Africa gives rise to questions regarding legitimate governance. Without future thinking and action on the legitimacy of governance in Africa and how to secure it, past mistakes will go unheeded rather than informing forward movement. Surprisingly, no existing work has comprehensively addressed this critical issue. Legitimate Governance in Africa provides this needed coverage for the first time, examining such key components in the struggle for legitimate governance as the role of the international community in addressing the problem, the particular role women can play and ways in which women can improve their involvement in the whole enterprise of governance, and the roles of non-governmental organizations and civil society. In this diverse collection of essays, a wide range of expert legal contributors, all familiar with the status of the struggle for legitimate governance in a specific institution or particular African state, brings unique perspectives to the scholarly investigation of legitimate governance in Africa. The individual authors have thought deeply about the complexities and subtleties of conducting and evaluating the business of African state governance, considering both the practical sustainability of potential approaches and theoretical problems and issues. The probing, high-quality essays facilitate a real understanding of the obstacles to progress in the struggle for legitimate governance. Through their depth and diversity of views, every one of the papers included in this collection enriches the pool of knowledge on this important subject.

Democracy and Dictatorship

Norberto Bobbio
Democracy and Dictatorship Book PDF

Author : Norberto Bobbio
Publisher : John Wiley & Sons
Page : 240 pages
File Size : 45,6 Mb
Release : 2017-06-06
Category : Political Science
ISBN : 9781509526154

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Democracy and Dictatorship by Norberto Bobbio Pdf

In this important volume Norberto Bobbio examines some of the central themes of political theory and presents a systematic exposition of his views. With great astuteness and profound scholarship, Bobbio unfolds the elements for a general theory of politics. Bobbio's wide-ranging argument is focused on four themes: the distinction between the public and the private; the concept of civil society; differing conceptions of the state and differing ways of understanding the legitimacy of state power; and the relation between democracy and dictatorship. Bobbio's discussion draws on a wealth of theoretical and historical material, from Plato, Aristotle, Hobbes and Locke to Marx, Weber, Habermas and Foucault. By analysing the development of different languages of politics in relation to changing social and historical contexts, Bobbio deepens our understanding of the concepts we use to describe and evaluate modern political systems.

Constitutionalism, Identity, Difference, and Legitimacy

Michel Rosenfeld
Constitutionalism Identity Difference and Legitimacy Book PDF

Author : Michel Rosenfeld
Publisher : Duke University Press
Page : 452 pages
File Size : 50,9 Mb
Release : 1994
Category : History
ISBN : 0822315165

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Constitutionalism, Identity, Difference, and Legitimacy by Michel Rosenfeld Pdf

The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

On Global Order

Andrew Hurrell
On Global Order Book PDF

Author : Andrew Hurrell
Publisher : OUP Oxford
Page : 364 pages
File Size : 52,8 Mb
Release : 2007-11-09
Category : Political Science
ISBN : 9780191528439

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On Global Order by Andrew Hurrell Pdf

How is the world organized politically? How should it be organized? What forms of political organization are required to deal with such global challenges as climate change, terrorism, or nuclear proliferation? Drawing on work in international law, international relations, and global governance, this book provides a clear and wide-ranging introduction to the analysis of global political order — how patterns of governance and institutionalization in world politics have already changed; what the most important challenges are; and what the way forward might look like. The first section develops three analytical frameworks: a world of sovereign states capable of only limited cooperation; a world of ever-denser international institutions embodying the idea of an international community; and a world in which global governance moves beyond the state and into the realms of markets, civil society and networks. Part II examines five of the most important issues facing contemporary international society: nationalism and the politics of identity; human rights and democracy; war, violence and collective security; the ecological challenge; and the management of economic globalization in a highly unequal world. Part III considers the idea of an emerging multi-regional system; and the picture of global order built around US empire. The conclusion looks at the normative implications. If international society has indeed been changing in the ways discussed in this book, what ought we to do? And, still more crucially, who is the 'we' that is to be at the centre of this drive to create a morally better world? This book is concerned with the fate of international society in an era of globalization and the ability of the inherited society of sovereign states to provide a practically viable and normatively acceptable framework for global political order. It lays particular emphasis on the different forms of global inequality and the problems of legitimacy that these create and on the challenges posed by cultural diversity and value conflict.

Changing Images of Civil Society

Bruno Jobert,Beate Kohler-Koch
Changing Images of Civil Society Book PDF

Author : Bruno Jobert,Beate Kohler-Koch
Publisher : Routledge
Page : 236 pages
File Size : 54,5 Mb
Release : 2008-06-10
Category : Political Science
ISBN : 9781134036783

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Changing Images of Civil Society by Bruno Jobert,Beate Kohler-Koch Pdf

Civil society has become one of the key parts of the reference framework for governance, seeking to replace traditional public action in which representative democracy is combined with bureaucratic implementation. The success of the civil society myth contrasts with and consequently manifests itself in the problems of political and social legitimacy and representation. This book assesses the shift in the meaning and application of civil society, from citizen protests to its incorporation into public action. It examines the diversity of interpretations and uses of civil society in different political contexts and seeks to understand the reasons for its surfacing and its multiple forms in political discourse. The authors critically analyze and compare how different types of regimes in countries such as Italy, France and the UK, Poland and Czechoslovakia, South Africa, China, India and Chile; have incorporated or otherwise responded to the new discourse. Analyzing the surfacing and uses of civil society, this book will be of interest to students and scholars of political science, analysts, policymakers, non-profit think tanks and organizations interested in comparative international studies on the third sector.

Legitimization in World Society

Aldo Mascareño,Kathya Araujo
Legitimization in World Society Book PDF

Author : Aldo Mascareño,Kathya Araujo
Publisher : Routledge
Page : 218 pages
File Size : 44,7 Mb
Release : 2016-04-22
Category : Social Science
ISBN : 9781317105787

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Legitimization in World Society by Aldo Mascareño,Kathya Araujo Pdf

Emerging traits of late global modernity such as transnationalism, multiculturalism, individualization and supranational contexts of action raise the question of what holds society together. Responses have typically made reference to legitimization, but the modern world presents challenges to such responses, for in such a differentiated, globalized setting, legitimization can no longer appeal to the previous national, ideological or religious foundations of early modernity. From a variety of theoretical and empirical perspectives, this book explores the manner in which legitimization can be constructed by people, groups or institutions under the contemporary pressures and possibilities of modern world society. Drawing on cosmopolitan theory, postcolonial sociology, systems theory, and historical sociology, it engages with questions of human rights, processes of individualization and the constitution of transnational spaces in its examination of the challenges to legitimization. As such, it will be of interest to scholars of sociology, political science and social and legal theory, concerned with questions of globalization and the problems of social cohesion and legitimacy.

Deliberative Democracy in America

Ethan J. Leib
Deliberative Democracy in America Book PDF

Author : Ethan J. Leib
Publisher : Penn State Press
Page : 188 pages
File Size : 54,8 Mb
Release : 2010-11-01
Category : Political Science
ISBN : 0271045299

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Deliberative Democracy in America by Ethan J. Leib Pdf

We are taught in civics class that the Constitution provides for three basic branches of government: executive, judicial, and legislative. While the President and Congress as elected by popular vote are representative, can they really reflect accurately the will and sentiment of the populace? Or do money and power dominate everyday politics to the detriment of true self-governance? Is there a way to put &"We the people&" back into government? Ethan Leib thinks there is and offers this blueprint for a fourth branch of government as a way of giving the people a voice of their own. While drawing on the rich theoretical literature about deliberative democracy, Leib concentrates on designing an institutional scheme for embedding deliberation in the practice of American democratic government. At the heart of his scheme is a process for the adjudication of issues of public policy by assemblies of randomly selected citizens convened to debate and vote on the issues, resulting in the enactment of laws subject both to judicial review and to possible veto by the executive and legislative branches. The &"popular&" branch would fulfill a purpose similar to the ballot initiative and referendum but avoid the shortcomings associated with those forms of direct democracy. Leib takes special pains to show how this new branch would be integrated with the already existing governmental and political institutions of our society, including administrative agencies and political parties, and would thus complement rather than supplant them.

Unsettled Legitimacy

Steven Bernstein,William D. Coleman
Unsettled Legitimacy Book PDF

Author : Steven Bernstein,William D. Coleman
Publisher : UBC Press
Page : 409 pages
File Size : 45,5 Mb
Release : 2010-07-01
Category : Political Science
ISBN : 9780774817196

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Unsettled Legitimacy by Steven Bernstein,William D. Coleman Pdf

Under what conditions do individuals and communities accept globalized decision making as legitimate? And what political practices do individuals and collectivities under globalization use to exercise autonomy? To answer these questions, the contributors explore the disruptions and reconfigurations of political authority that accompany globalization. Arguing that we live in an era in which political legitimacy at multiple scales of authority is under strain, they show that globalization has also created demands for regulation, security, and the protection of rights and expressions of individual and collective autonomy.

Political Legitimacy in Asia

J. Kane,H. Loy,H. Patapan
Political Legitimacy in Asia Book PDF

Author : J. Kane,H. Loy,H. Patapan
Publisher : Springer
Page : 286 pages
File Size : 50,5 Mb
Release : 2011-11-09
Category : Social Science
ISBN : 9781137001474

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Political Legitimacy in Asia by J. Kane,H. Loy,H. Patapan Pdf

This book explores the challenges and obstacles faced by dissident leaders in Asia seeking to introduce reforms into regimes that are either imperfectly democratic or frankly hostile to democratic practices and institutions.