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Author : Mirosław Wyrzykowski
Publisher : Unknown
Page : 296 pages
File Size : 40,6 Mb
Release : 2000
Category : Constitutional law
ISBN : STANFORD:36105112492892
Author : Moshe Cohen-Eliya,Iddo Porat
Publisher : Cambridge University Press
Page : 183 pages
File Size : 44,6 Mb
Release : 2013-06-13
Category : Law
ISBN : 9781107244757
Although the most important constitutional doctrine worldwide, a thorough cultural and historical examination of proportionality has not taken place until now. This comparison of proportionality with its counterpart in American constitutional law - balancing - shows how culture and history can create deep differences in seemingly similar doctrines. Owing to its historical origin in Germany, proportionality carries to this day a pro-rights association, while the opposite is the case for balancing. In addition, European legal and political culture has shaped proportionality as intrinsic to the state's role in realizing shared values, while in the United States a suspicion-based legal and political culture has shaped balancing in more pragmatic and instrumental terms. Although many argue that the USA should converge on proportionality, the book shows that a complex web of cultural associations make it an unlikely prospect.
Author : John A. Ferejohn,Jack N. Rakove,Jonathan Riley
Publisher : Cambridge University Press
Page : 430 pages
File Size : 54,5 Mb
Release : 2001-10-08
Category : History
ISBN : 052179370X
This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.
Author : Robert F. Nagel
Publisher : Univ of California Press
Page : 252 pages
File Size : 42,5 Mb
Release : 1989
Category : Law
ISBN : 0520082788
Author : Ulrike Bock,Katrin Dircksen,Silke Hensel
Publisher : Cambridge Scholars Publishing
Page : 485 pages
File Size : 51,7 Mb
Release : 2013-01-14
Category : History
ISBN : 9781443845489
Written constitutions are an important attribute of nation states and have become a global phenomenon over the past 200 years. The process began with the revolutions in the Atlantic World, from where it spread to other regions. The present volume looks into the complex of constitutions, the fundamental values conveyed by the constitutional texts, the building and functioning of new constitutional bodies and their symbolic representation. All the authors work on the assumption that in order to fully understand the constitutional order and its history, it is necessary, in addition to studying the legal text, to analyse its special forms of implementation and legitimisation. Therefore, culture is seen as an important component of constitutional history. The volume brings together historians from Argentina, France, Germany, Great Britain, Spain and the United States; all are specialised in constitutional history and political culture in the 19th century. Their contributions include case studies on the colonial European powers as well as their colonies or ex-colonies in the Americas. A special aim of the volume is to show the connectedness of the constitutional processes that took place in these regions during the late 18th and the 19th centuries. By connecting two vibrant research areas, this volume makes an important contribution to studies on political culture and the history of the Atlantic World. The book targets a broad academic readership, especially in the fields of cultural studies, history, and political science, and contributes to an internationalisation of the academic debate on the concept of constitutional culture.
Author : Daniel P. Franklin,Michael J. Baun
Publisher : Routledge
Page : 291 pages
File Size : 50,6 Mb
Release : 2016-09-16
Category : Political Science
ISBN : 9781315483238
This work is a cross-national examination of the relationship between political culture and constitutionalism. The countries studied include Nigeria, Turkey and Japan. Questions explored include whether constitutions must evolve and whether constitutionalism is only a western concept.
Author : Russell Fraser
Publisher : Routledge
Page : 560 pages
File Size : 51,9 Mb
Release : 2017-07-12
Category : Social Science
ISBN : 9781351534932
In this volume, Pulitzer Prize-winning historian Michael Kammen explores the U.S. Constitution's place in the public consciousness and its role as a symbol in American life, from ratification in 1788 to our own time. As he examines what the Constitution has meant to the American people (perceptions and misperceptions, uses and abuses, knowledge and ignorance), Kammen shows that although there are recurrent declarations of reverence most of us neither know nor fully understand our Constitution. How did this gap between ideal and reality come about? To explain it, Kammen examines the complex and contradictory feelings about the Constitution that emerged during its preparation and that have been with us ever since. He begins with our confusion as to the kind of Union we created, especially with regard to how much sovereignty the states actually surrendered to the central government. This confusion is the source of the constitutional crisis that led to the Civil War and its aftermath. Kammen also describes and analyzes changing perceptions of the differences and similarities between the British and American constitutions; turn-of-the-century debates about states' rights versus national authority; and disagreements about how easy or difficult it ought to be to amend the Constitution. Moving into the twentieth century, he notes the development of a "cult of the Constitution" following World War I, and the conflict over policy issues that persisted despite a shared commitment to the Constitution.
Author : Solomon A. Dersso
Publisher : Martinus Nijhoff Publishers
Page : 279 pages
File Size : 45,8 Mb
Release : 2012-11-08
Category : Law
ISBN : 9789004235533
Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and norms.
Author : Maxwell Bloomfield
Publisher : Harvard University Press
Page : 236 pages
File Size : 46,9 Mb
Release : 2000-09-15
Category : History
ISBN : 0674003047
Few Americans understand the Constitution’s workings. Its real importance for the average citizen is as an enduring reminder of the moral vision that shaped the nation's founding. Maxwell Bloomfield looks at the broader appeal that constitutional idealism has always made to the American imagination through publications and films.
Author : Jeremy H. A. Webber
Publisher : McGill-Queen's Press - MQUP
Page : 392 pages
File Size : 40,6 Mb
Release : 1994
Category : Law
ISBN : 0773511466
At times the deep disagreements surrounding Canada's constitutional debates have led Canadians to wonder whether the country can - or should - survive. In Reimagining Canada Jeremy Webber argues that there is a viable basis for a Canadian community, one which would enjoy the robust allegiance of the vast majority of Canadians.
Author : Mary Sarah Bilder
Publisher : Harvard University Press
Page : 296 pages
File Size : 46,6 Mb
Release : 2008-03-31
Category : Political Science
ISBN : 9780674262041
“One of the more significant recent pieces of scholarship in this area . . . essential reading for all students of early America.” —Journal of American History Departing from traditional approaches to colonial legal history, Mary Sarah Bilder argues that American law and legal culture developed within the framework of an evolving, unwritten transatlantic constitution that lawyers, legislators, and litigants on both sides of the Atlantic understood. The central tenet of this constitution—that colonial laws and customs could not be repugnant to the laws of England but could diverge for local circumstances—shaped the legal development of the colonial world. Focusing on practices rather than doctrines, Bilder describes how the pragmatic and flexible conversation about this constitution shaped colonial law: the development of the legal profession; the place of English law in the colonies; the existence of equity courts and legislative equitable relief; property rights for women and inheritance laws; commercial law and currency reform; and laws governing religious establishment. Using as a case study the corporate colony of Rhode Island, which had the largest number of appeals of any mainland colony to the English Privy Council, she reconstructs a largely unknown world of pre-Constitutional legal culture. “The book is rich in social history as well, with the evolving status of women and institutional religion providing much of the legal grist.” —Choice
Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 53,8 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417
Author : Shiping Hua
Publisher : Routledge
Page : 174 pages
File Size : 55,7 Mb
Release : 2019-03-27
Category : Law
ISBN : 9780429515538
This book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.
Author : Stephen Tierney
Publisher : Law and Society (Paperback)
Page : 0 pages
File Size : 48,7 Mb
Release : 2008-07
Category : Law
ISBN : 0774814462
Canada has often been cited internationally for its success as a multicultural society and for its ability to manage this diversity through a federal constitution. The strands of diversity include the constitutional relationship between English and French Canada, federalism more generally, the status of Aboriginal peoples, Canada’s immigration and integration strategies, affirmative action, and a general guarantee of equal protection for men and women. Together they tell a complex story of pluralism, consolidated through a long and incremental period of constitution-building. Multiculturalism and the Canadian Constitution brings together scholars of cultural diversity from backgrounds in law, political science, and history to address key components of the changing Canadian story: the evolution over time of multiculturalism within Canadian constitutional law and policy; the territorial dimension of Canadian federalism; and the role of constitutional interpretation by the courts in the development of Canada as a multicultural state. Wide-ranging and provocative, the essays illustrate how deeply multiculturalism is woven into the fabric of the Canadian constitution and the everyday lives of Canadians.
Author : Liav Orgad
Publisher : Oxford University Press
Page : 305 pages
File Size : 49,6 Mb
Release : 2015-11-05
Category : Philosophy
ISBN : 9780191646430
The Cultural Defense of Nations presents a timely, thought-provoking thesis on some of the most pressing issues of our time-global immigration, majority groups, and national identity. Never in human history has so much attention been paid to human movement. Global migration yields demographic shifts of historical significance, profoundly shaking up world politics-as has been seen in the refugee crisis, the Brexit referendum, and the 2016 U.S. election. The Cultural Defense of Nations addresses one of the greatest challenges facing liberalism today: is a liberal state justified in restricting immigration and access to citizenship in order to protect its majority culture? Liberal theorists and human rights advocates recognize the rights of minorities to maintain their unique cultural identity, but assume that majorities have neither a need for similar rights nor a moral ground for defending them. The majority culture, so the argument goes, "can take care of itself." However, with more than 250 million immigrants worldwide, majority groups increasingly seek to protect what they consider to be their national identity. In recent years, liberal democracies have introduced proactive immigration and citizenship policies that are designed to defend the majority culture. This book shifts the focus from the prevailing discussion of cultural minority rights and, for the first time, addreses the cultural rights of majorities. It proposes a new approach by which liberal democracies can welcome immigrants without fundamentally changing their cultural heritage, forsaking their liberal traditions, or slipping into extreme nationalism. Disregarding the topic of cultural majority rights is not only theoretically wrong, but also politically unwise. With forms of "majority nationalism" rising and the growing popularity of extreme right-wing parties in the West, time has come to liberally address the new challenge.