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Author : Citizens' Constitutional Forum. Public Lecture
Publisher : Unknown
Page : 28 pages
File Size : 46,7 Mb
Release : 2011
Category : Constitutional law
ISBN : 9823390223
Author : Frank Vibert
Publisher : Edward Elgar Publishing
Page : 336 pages
File Size : 43,6 Mb
Release : 2018-06-29
Category : LAW
ISBN : 9781788118057
Democratic constitutions are increasingly unfit for purpose with governments facing increased pressures from populists and distrust from citizens. The only way to truly solve these problems is through reform. Within this important book, Frank Vibert sets out the key challenges to reform, the ways in which constitutions should be revitalised and provides the standards against which reform should be measured.
Author : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 44,7 Mb
Release : 2003
Category : Constitutional law
ISBN : UOM:39015064118659
Author : Barry Krusch
Publisher : Barry Krusch
Page : 306 pages
File Size : 54,9 Mb
Release : 1992
Category : Constitutional history
ISBN : 9780962098109
The author argues that if not amended, inherent defects in the U.S. Constitution threaten to affect every American citizen with a pending national crisis. Krusch analyzes the Constitution clause-by-clause and proposes amendments to bring the document--and our government--in step with America in an Information Age. (Stanhope Press)
Author : David Landau,Hanna Lerner
Publisher : Edward Elgar Publishing
Page : 624 pages
File Size : 43,8 Mb
Release : 2019
Category : Law
ISBN : 9781785365263
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Author : Richard Albert,Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 266 pages
File Size : 42,8 Mb
Release : 2018-11-01
Category : Law
ISBN : 9781351038966
Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
Author : John F. Kowal
Publisher : The New Press
Page : 493 pages
File Size : 47,7 Mb
Release : 2021-09-21
Category : Law
ISBN : 9781620975626
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Author : Min Reuchamps,Jane Suiter
Publisher : ECPR Press
Page : 192 pages
File Size : 40,8 Mb
Release : 2017-07-03
Category : Political Science
ISBN : 1785522582
From small-scale experiments, deliberative mini-publics have recently taken a constitutional turn in Europe. Iceland and Ireland have turned to deliberative democracy to reform their constitutions. Estonia, Luxembourg and Romania have also experienced constitutional process in a deliberative mode. In Belgium the G1000, a citizen-led initiative of deliberative democracy, has fostered a wider societal debate about the role and place of citizens in the country's democracy. At the same time, European institutions have introduced different forms of deliberative democracy as a way to connect citizens back in. These empirical cases are emblematic of a possibly constitutional turn in deliberative democracy in Europe. The purpose of this book is to critically assess these developments, bringing together academics involved in the designing of these new forms of constitutional deliberative democracy with the theorists who propagated the ideas and evaluated democratic standards.
Author : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 51,8 Mb
Release : 2003
Category : Constitutional law
ISBN : PURD:32754077096083
Author : Sanford Levinson
Publisher : Yale University Press
Page : 367 pages
File Size : 46,8 Mb
Release : 2015-11-24
Category : Political Science
ISBN : 9780300216455
In An Argument Open to All, renowned legal scholar Sanford Levinson takes a novel approach to what is perhaps America’s most famous political tract. Rather than concern himself with the authors as historical figures, or how The Federalist helps us understand the original intent of the framers of the Constitution, Levinson examines each essay for the political wisdom it can offer us today. In eighty-five short essays, each keyed to a different essay in The Federalist, he considers such questions as whether present generations can rethink their constitutional arrangements; how much effort we should exert to preserve America’s traditional culture; and whether The Federalist’s arguments even suggest the desirability of world government.
Author : Joanne Wallis
Publisher : Cambridge University Press
Page : 421 pages
File Size : 52,9 Mb
Release : 2014-09-15
Category : Law
ISBN : 9781107064713
This book argues that fragmented, divided societies that aren't immediately compatible with centralised statehood can best adjust by emphasising the role of constitution making.
Author : Alicia Pastor y Camarasa
Publisher : Taylor & Francis
Page : 228 pages
File Size : 48,5 Mb
Release : 2024-06-14
Category : Law
ISBN : 9781040035757
This book examines the largely neglected but crucial role of transnational actors in democratic constitution-making. The writing or rewriting of constitutions is usually a key moment in democratic transitions. But how exactly does this take place? Most contemporary comparative constitutional literature draws on the concept of constituent power – the power of the people – to address this moment. But what this overlooks, this book argues, is the important role of external, transnational actors who tend to play a crucial role in the process. Drawing on sociolegal methodologies but informed by new legal realism, this book develops a new theoretical framework for examining the involvement of such actors in constitution-making. Empirically grounded, the book uncovers a more comprehensive picture of how constitution-making unfolds on the ground. Illuminating the power dynamics at play during the legal process, it reveals not only the wide range of external actors involved but also the continuity between decolonisation and post-Cold War constitution-making. This book, the first to provide an in-depth examination of external actor involvement in constitution-making, will appeal to scholars of constitutional law, sociolegal studies, law and development, and transitional justice.
Author : David A. Strauss
Publisher : Oxford University Press
Page : 176 pages
File Size : 53,7 Mb
Release : 2010-05-19
Category : Law
ISBN : 0199752532
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Author : M. J. C. Vile
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 1998
Category : History
ISBN : 0865971757
Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.
Author : Ngoc Son Bui
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 44,5 Mb
Release : 2020-08-03
Category : Law
ISBN : 9780198851349
After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world China, Cuba, Laos, North Korea, and Vietnam which constitute about one-quarter of the world's population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.