Constitution Making As An Instrument Of Democratic Transition
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European Commission for Democracy through Law,Türk Demokrasi Vakfı,Turkey
Author : European Commission for Democracy through Law,Türk Demokrasi Vakfı,Turkey Publisher : Council of Europe Page : 88 pages File Size : 49,5 Mb Release : 1993-01-01 Category : Political Science ISBN : 9287124167
Framing the State in Times of Transition by Laurel E. Miller,Louis Aucoin Pdf
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
Territory and Power in Constitutional Transitions by George Anderson,Sujit Choudhry Pdf
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.
A Practical Guide to Constitution Building by Winluck Wahiu,Markus Böckenförde,Nora Hedling Pdf
"A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--
Author : Lisa Anderson Publisher : Columbia University Press Page : 327 pages File Size : 49,8 Mb Release : 1999-09-22 Category : Political Science ISBN : 9780231502474
Are the factors that initiate democratization the same as those that maintain a democracy already established? The scholarly and policy debates over this question have never been more urgent. In 1970, Dankwart A. Rustow's clairvoyant article "Transitions to Democracy: Toward a Dynamic Model" questioned the conflation of the primary causes and sustaining conditions of democracy and democratization. Now this collection of essays by distinguished scholars responds to and extends Rustow's classic work, Transitions to Democracy--which originated as a special issue of the journal Comparative Politics and contains three new articles written especially for this volume--represents much of the current state of the large and growing literature on democratization in American political science. The essays simultaneously illustrate the remarkable reach of Rustow's prescient article across the decades and reveal what the intervening years have taught us. In light of the enormous opportunities of the post-Cold War world for the promotion of democratic government in parts of the world once thought hopelessly lost of authoritarian and totalitarian regimes, this timely collection constitutes and important contribution to the debates and efforts to promote the more open, responsive, and accountable government we associate with democracy.
Democratic Transition in the Muslim World by Alfred Stepan Pdf
In early 2011, widespread protests ousted dictatorial regimes in both Tunisia and Egypt. Within a few years, Tunisia successfully held parliamentary and presidential elections and witnessed a peaceful transition of power, while the Egyptian military went on to seize power and institute authoritarian control. What explains the success and failure of transitions to democracy in these two countries, and how might they speak to democratic transition attempts in other Muslim-majority countries? Democratic Transition in the Muslim World convenes leading scholars to consider the implications of democratic success in Tunisia and failure in Egypt in comparative perspective. Alongside case studies of Indonesia, Senegal, and India, contributors analyze similarities and differences among democratizing countries with large Muslim populations, considering universal challenges as well as each nation’s particular obstacles. A central theme is the need to understand the conditions under which it becomes possible to craft pro-democratic coalitions among secularists and Islamists. Essays discuss the dynamics of secularist fears of Islamist electoral success, the role of secular constituencies in authoritarian regimes’ resilience, and the prospects for moderation among both secularist and Islamist political actors. They delve into topics such as the role of the army and foreign military aid, Middle Eastern constitutions, and the role of the Muslim Brotherhood. The book also includes an essay by the founder and president of Tunisia’s Ennadha Party, Rachid Ghannouchi, who discusses the political strategies his party chose to pursue.
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
Constitution Making by Sujit Choudhry,Tom Ginsburg Pdf
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this volume is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, this collection provides an essential overview of the myriad of circumstances in which constitutions can be made.
Institut des hautes études européennes de Strasbourg,Université Robert Schuman,European Commission for Democracy through Law,Council of Europe
Author : Institut des hautes études européennes de Strasbourg,Université Robert Schuman,European Commission for Democracy through Law,Council of Europe Publisher : Council of Europe Page : 190 pages File Size : 53,6 Mb Release : 1996-01-01 Category : Political Science ISBN : 9287130108
Constitutional Justice and Democracy by Referendum by Institut des hautes études européennes de Strasbourg,Université Robert Schuman,European Commission for Democracy through Law,Council of Europe Pdf
Author : European Commission for Democracy through Law Publisher : Council of Europe Page : 103 pages File Size : 40,5 Mb Release : 2006-01-01 Category : Political Science ISBN : 9789287160119
The Preconditions for a Democratic Election by European Commission for Democracy through Law Pdf
This publication contains six reports presented at a seminar organised by the Venice Commission, within the framework of the Romanian Presidency of the Committee of Ministers of the Council of Europe, held in February 2006. Going beyond simply avoiding irregularities during the vote or the counting of ballots, these papers discuss key issues involved in order for an election or referendum process to be considered truly democratic, including respect for fundamental rights, particularly freedom of expression, assembly and association; equal access to the media; financing of electoral campaigns and political parties.
European Commission for Democracy through Law,Croatia. Ustavni sud,Organization for Security and Co-operation in Europe. Office for Democratic Institutions and Human Rights
Author : European Commission for Democracy through Law,Croatia. Ustavni sud,Organization for Security and Co-operation in Europe. Office for Democratic Institutions and Human Rights Publisher : Council of Europe Page : 318 pages File Size : 50,5 Mb Release : 1996-01-01 Category : Political Science ISBN : 9287129606
The Protection of Fundamental Rights by the Constitutional Court by European Commission for Democracy through Law,Croatia. Ustavni sud,Organization for Security and Co-operation in Europe. Office for Democratic Institutions and Human Rights Pdf