Constitution Making Under Un Auspices

Author : Vijayashri Sripati
Publisher : Oxford University Press
Page : 374 pages
File Size : 49,5 Mb
Release : 2020-01-16
Category : Law
ISBN : 9780199098361

Get Book

Constitution-Making under UN Auspices by Vijayashri Sripati Pdf

In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.

Author : Vijayashri Sripati
Publisher : Unknown
Page : 320 pages
File Size : 47,6 Mb
Release : 2020
Category : Constitutional history
ISBN : 0199098379

Get Book

Constitution-making Under UN Auspices by Vijayashri Sripati Pdf

Post 1960, all colonies enjoyed the right to sculpt their own constitutions without international assistance. Yet, from 1960-2018, over poor 40 sovereign states have adopted with United Nations Constitutional Assistance (UNCA) the Western liberal constitution. Why? A comprehensive study on UNCA, this book shows that based on the UN's official statements, UNCA works ostensibly to 'modernise' poor states. However, this results in an investor-friendly environment that largely benefits powerful transnational interests, only to secure debt-relief. Thus, political control that they experienced when they were colonies, continues in this post-colonial era.

Author : Vijayashri Sripati
Publisher : Oxford University Press
Page : 577 pages
File Size : 49,9 Mb
Release : 2024-03-25
Category : Political Science
ISBN : 9780198903178

Get Book

Making Globalization Happen by Vijayashri Sripati Pdf

In Making Globalization Happen: The Untold Story of Power, Profits, Privilege, Sripati explains how, when, through which entities, and for what purposes economic globalization was catalyzed and its effects on the Global South in general and South Asia in particular. Based on an innovative international constitutional political economy framework, Sripati examines how the Western classical liberal constitution has shaped international law developments in this post-colonial era given its salience and comprehensive scope. Presenting a comprehensive narrative of economic globalization, Making Globalization Happen accurately and comprehensively links constitutional globalization to the following UN family-created agendas: peacebuilding, conflict prevention, human security, protection of civilians, sustainable development, global war on terrorism, women, peace, and security, poverty reduction or market-oriented development, ending conflict-related sexual violence, and justice (climate, criminal, and transitional). Sripati simultaneously provides the missing constitutional foundation for globalization and the fields that it has spawned: global studies and law and political economy. With these ground-breaking insights, Making Globalization Happen: The Untold Story of Power, Profits, Privilege clearly illustrates who drove constitutional globalization and for whose benefit: the UN family and transnational capitalists. Thus, it rips away the facade of UN family-driven peace, justice, human rights, democracy, and development to expose it as a narrative of power, profit, and privilege for transnational capitalists and debt, death, and despair for the Global South.

Author : Alicia Pastor y Camarasa
Publisher : Taylor & Francis
Page : 228 pages
File Size : 44,7 Mb
Release : 2024-06-14
Category : Law
ISBN : 9781040035757

Get Book

Transnational Constitution Making by Alicia Pastor y Camarasa Pdf

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 : Kevin YL Tan,Ridwanul Hoque
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 44,5 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781509930272

Get Book

Constitutional Foundings in South Asia by Kevin YL Tan,Ridwanul Hoque Pdf

This volume addresses the idea of origins, how things are formed, and how they relate to their present and future in terms of 'constitution-making' which is a continuous process in South Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the eight modern nation-states in South Asia. The book looks at the constitutions of Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. It provides an explanatory description of the process and substantive inputs in the making of the first constitutions of these nations; it sets out to analyse the internal and external (including intra-regional) forces surrounding the making of these constitutions; and it sets out theoretical constructions of models to conceptualise the nature and role of the first constitutions (including constituent documents) in the founding of the modern nation-states and their subsequent impact on state-building in the region.

Author : Jurgen de Poorter,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser
Publisher : Springer Nature
Page : 283 pages
File Size : 40,5 Mb
Release : 2022-06-06
Category : Law
ISBN : 9789462655355

Get Book

European Yearbook of Constitutional Law 2021 by Jurgen de Poorter,Gerhard van der Schyff,Maarten Stremler,Maartje De Visser Pdf

The European Yearbook of Constitutional Law (EYCL) is an annual publication devoted to the study of constitutional law. It aims to provide a forum for in-depth analysis and discussion of new developments in the field, both in Europe and beyond. This third volume of the EYCL focuses on constitutional advice, an underexplored topic of legal scholarship today, and addresses this situation by looking beyond constitutional law’s familiar focus on the classic separation of powers and the main legislative, executive and judicial bodies implied by this construct. The attention is shifted to mapping and analysing the advisory bodies and functions grouped around and in support of the legislators, administrators and judges at the frontline of the constitutional edifice, which is accomplished through national, comparative and transnational perspectives on constitutional advice from Europe and beyond. Addressing the topic of constitutional advice is necessary to broaden and deepen not only our understanding of advice as a field in its own right, but also as a way of rendering a fuller account of contemporary constitutionalism. Also, the increasing political polarisation across many societies today underscores the need to study constitutional advice on topics of significance in an attempt to bridge divides and end gridlock. This book will be of special interest to constitutional scholars and legal scholars more generally, as well as to political scientists. In addition, government officials, judges and policy-makers wishing to better understand the legal mechanisms and avenues when it comes to rendering or receiving advice in the contemporary constitutional context will find much of relevance. Jurgen de Poorter is professor at Tilburg Law School, Department of Public Law and Governance. Gerhard van der Schyff is associate professor at Tilburg Law School, Department of Public Law and Governance. Maarten Stremler is assistant professor at Maastricht University, Faculty of Law, Department of Public Law. Maartje De Visser is associate professor at Yong Pung How School of Law, Singapore Management University, Singapore.

Author : Rosalind Dixon,David E. Landau
Publisher : Oxford University Press
Page : 241 pages
File Size : 55,5 Mb
Release : 2021
Category : Authoritarianism
ISBN : 9780192893765

Get Book

Abusive Constitutional Borrowing by Rosalind Dixon,David E. Landau Pdf

Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

Author : Silvia Suteu
Publisher : Oxford University Press
Page : 272 pages
File Size : 52,8 Mb
Release : 2021-05-20
Category : Law
ISBN : 9780192602602

Get Book

Eternity Clauses in Democratic Constitutionalism by Silvia Suteu Pdf

This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.

Author : Monika Kirloskar-Steinbach
Publisher : Bloomsbury Publishing
Page : 217 pages
File Size : 45,8 Mb
Release : 2023-11-16
Category : Philosophy
ISBN : 9781350360822

Get Book

Dialogue and Decolonization by Monika Kirloskar-Steinbach Pdf

By bringing together philosophers whose work on political philosophy, intellectual history, and world philosophies pushes the boundaries of conventional scholarship, this collaborative collection opens up space in political philosophy for new approaches. Garrick Cooper, Sudipta Kaviraj, Charles W. Mills, and Sor-hoon Tan respond to the challenges James Tully raises for comparative political thought. Arranged around Tully's opening chapter, they demonstrate the value of critical dialogue and point to the different attempts cultures make to understand their experiences. Through the use of methods from various disciplines and cultural contexts, each interlocutor exemplifies the transformative power of genuine democratic dialogue across philosophical traditions. Together they call for a radical reorientation of conceptual and intellectual readings from intellectual history including the Afro-modern political tradition, Indigenous philosophies, and the lived experiences of societies in Asia. This is an urgent methodological provocation for anyone interested in the ethical, conceptual, and political challenges of political thought today.

Author : Swati Jhaveri,Tarunabh Khaitan,Dinesha Samararatne
Publisher : Bloomsbury Publishing
Page : 536 pages
File Size : 47,7 Mb
Release : 2023-06-01
Category : Law
ISBN : 9781509948864

Get Book

Constitutional Resilience in South Asia by Swati Jhaveri,Tarunabh Khaitan,Dinesha Samararatne Pdf

South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.

Author : Brian Langille,Anne Trebilcock
Publisher : Bloomsbury Publishing
Page : 401 pages
File Size : 51,5 Mb
Release : 2023-02-23
Category : Law
ISBN : 9781509961276

Get Book

Social Justice and the World of Work by Brian Langille,Anne Trebilcock Pdf

In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. When fabric is torn we can see deeply into it, understand its structural weaknesses, and imagine alterations in the name of resilience and sustainability. Seizing that opportunity, the authoritative commentators examine the lessons revealed by the pandemic and other global shocks for our ideas about justice at work, and how to advance that cause in the world as we now find it. The chapters deliver critical re-assessments of our goals, explore our new challenges, and creatively re-imagine trajectories for progress on two global fronts - via international institutions and by a myriad of other transnational techniques. These forward-looking essays are in honour of Francis Maupain, whose international career and scholarly writing are inspiring models for those who, in a changing world, seize opportunities for creativity in the pursuit of global justice at work.

Author : Anonim
Publisher : UN
Page : 158 pages
File Size : 55,6 Mb
Release : 2018
Category : Law
ISBN : UCBK:C116916584

Get Book

Human Rights and Constitution Making by Anonim Pdf

"This publication is designed to assist United Nations staff who provide human rights advice to States, which undertake to amend an existing constitution or write a new one. It should also be of use to States that undertake constitutional reform, including political leaders, policymakers, legislators and those entrusted to draft constitutional amendments or a new constitution. Further this publication should also facilitate advocacy efforts by civil society to ensure that human rights are properly reflected in constitutional amendments or new constitutions. Finally, this publication, along with the international human rights instruments, should not only provide a standard to measure whether constitutional amendments or a new constitution has appropriately reflected human rights and fundamental freedoms, but also assist in evaluating whether the processes used in constitutional reform are consistent with international procedural norms"--Introduction, page 1.

Author : James Tully,Keith Cherry,Fonna Forman,Jeanne Morefield,Joshua Nichols,Pablo Ouziel,David Owen,Oliver Schmidtke
Publisher : Cambridge University Press
Page : 459 pages
File Size : 51,7 Mb
Release : 2022-08-04
Category : Political Science
ISBN : 9781009178365

Get Book

Democratic Multiplicity by James Tully,Keith Cherry,Fonna Forman,Jeanne Morefield,Joshua Nichols,Pablo Ouziel,David Owen,Oliver Schmidtke Pdf

Discloses the radical diversity of the field of democracy that is overlooked by mainstream political science.

Author : Alexander Livingston
Publisher : Taylor & Francis
Page : 305 pages
File Size : 50,7 Mb
Release : 2022-05-30
Category : Political Science
ISBN : 9781000581638

Get Book

James Tully by Alexander Livingston Pdf

James Tully’s scholarship has profoundly transformed the study of political thought by reconstructing the practice of political theory as a democratising and diversifying dialogue between scholars and citizens. Across his writings on topics ranging from the historical origins of property, constitutionalism in diverse societies, imperialism and globalisation, and global citizenship in an era of climate crisis, Tully has developed a participatory mode of political theorising and political change called public philosophy. This practice-oriented approach to political thought and its active role in the struggles of citizens has posed fundamental challenges to modern political thought and launched new lines of inquiry in the study of constitutionalism, democracy and citizenship, settler colonialism, comparative political theory, nonviolence, and ecological sustainability. James Tully: To Think and Act Differently collects classic, contemporary, and previously unpublished writings from across Tully’s four decades of scholarship to shed new light on these dialogues of reciprocal elucidation with citizens, scholars, and the history of political thought, and the ways Tully has enlarged our understanding of democracy, diversity, and the task of political theory.

Author : Francis Newton Thorpe
Publisher : Unknown
Page : 676 pages
File Size : 51,9 Mb
Release : 1909
Category : Constitutional history
ISBN : OSU:32435076586882

Get Book

The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the State, Territories, and Colonies Now Or Heretofore Forming the United States of America: Kentucky ; Massachusetts by Francis Newton Thorpe Pdf