Constitutional Democracy In A Multicultural And Globalised World

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Constitutional Democracy in a Multicultural and Globalised World

Thomas Fleiner,Lidija Basta Fleiner
Constitutional Democracy in a Multicultural and Globalised World Book PDF

Author : Thomas Fleiner,Lidija Basta Fleiner
Publisher : Springer Science & Business Media
Page : 687 pages
File Size : 46,7 Mb
Release : 2009-01-31
Category : Political Science
ISBN : 9783540764120

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Constitutional Democracy in a Multicultural and Globalised World by Thomas Fleiner,Lidija Basta Fleiner Pdf

After World War II, states transformed into ‘collective fortresses’ in order to protect competing ideological systems. The debate on post-modern statehood heavily built on ideological disputes between liberalism and communism, over the nature of the economic and social system, and the state and government that could sustain such a system. What is an ‘ideologically acceptable’ state-concept; which tasks and fu- tions should the state fulfil, and how to legitimate not only democratic, but also authoritarian and even totalitarian regimes? These questions were at the very centre of state theory. However, after the fall of communism in Europe and the former Soviet Union, the discourse of state and government scholarship radically changed. The need for a profound shift in the state paradigm was emerging. The time after 1989 seemed to proclaim that the nation-state had lost its raison d’être as an island of undisputed and unlimited sovereignty. A globalised world order broke open the ‘fortress state’ that developed within the tradition of European constitutionalism. Given the simultaneous structural changes to the nation-state’s foundations, socio-economic and political reforms going hand in hand with new constitutional designs, the ‘state in transition’ started paving the way towards a new state paradigm, and not only with regard to the states in the process of de- cratic transformation from socialist into liberal constitutional democracies.

Citizenship and Rights in Multicultural Societies

Dunne Michael Dunne
Citizenship and Rights in Multicultural Societies Book PDF

Author : Dunne Michael Dunne
Publisher : Edinburgh University Press
Page : 288 pages
File Size : 43,6 Mb
Release : 2019-07-29
Category : POLITICAL SCIENCE
ISBN : 9781474467919

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Citizenship and Rights in Multicultural Societies by Dunne Michael Dunne Pdf

This topical book examines the debates around contemporary conflicts between liberal democracies and increasingly vociferous special interest groups within society. It analyses the way a new sense of difference and the growth of multi-culturalism are straining modern notions of citizenship and rights, looking in particular at how ethnic conflicts in Eastern Europe have escalated to international tragedies, while in the US and Canada, race, ethnicity and radical feminism are at the heart of a social conflict which challenges national identity and the unity of the state.

Political Liberalism and Plurinational Democracies

Ferran Requejo Coll,Miquel Caminal i Badia
Political Liberalism and Plurinational Democracies Book PDF

Author : Ferran Requejo Coll,Miquel Caminal i Badia
Publisher : Routledge
Page : 274 pages
File Size : 48,9 Mb
Release : 2011
Category : Philosophy
ISBN : 9780415564502

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Political Liberalism and Plurinational Democracies by Ferran Requejo Coll,Miquel Caminal i Badia Pdf

The book examines the current state of affairs concerning the political recognition and constitutional accommodation of national plurality in liberal democracies in the global era of the 21st century. It features case studies on Belgium, Canada, Spain, UK and the European Union.

Democracy, Federalism, the European Revolution, and Global Governance

Andrea Bosco
Democracy Federalism the European Revolution and Global Governance Book PDF

Author : Andrea Bosco
Publisher : Cambridge Scholars Publishing
Page : 436 pages
File Size : 41,7 Mb
Release : 2020-06-10
Category : Political Science
ISBN : 9781527554450

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Democracy, Federalism, the European Revolution, and Global Governance by Andrea Bosco Pdf

The European Union is facing today the greatest crisis since its creation. Brexit could mean not only the reversal of its steady enlargement—from 6 to 28 member states—but also the beginning of an inexorable decline leading to its disintegration. However, few today seem to recollect that it was precisely the British who were the first to promulgate the political culture which inspired the European Union’s construction—democracy and federalism—and the first who tried to realise, in June 1940, a European federation on the basis of an Anglo-French union. This volume traces the fundamental stages of the European unification process, placing it in relation to the wider process of world economic and political integration. In particular, it analyses the historical significance of the European Revolution, which is identified in the overcoming of the nation state—namely the modern political formula which institutionalised the political division of mankind—and the birth of the first truly international state. The universal historical significance of the European Revolution lies in its exportability—as for the other great European revolutions—and, therefore, its potential as progressively extensible to all the states of the planet. Europe was indeed the first region of the world where the barriers between national states fell, and a post-national political identity emerged, complementary to national political identities. It is, in fact, in the context of the European Union that democracy beyond the borders of the nation state has first been realized, constituting a guiding principle for global governance.

Swiss Democracy

W. Linder
Swiss Democracy Book PDF

Author : W. Linder
Publisher : Springer
Page : 230 pages
File Size : 45,9 Mb
Release : 1998-02-12
Category : Political Science
ISBN : 9781349260454

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Swiss Democracy by W. Linder Pdf

An authoriative analysis of Swiss democracy, the institutions of federalism, and consensus democracy through political power sharing. Linder analyses the scope and limits of citizen's participation in direct democracy, which distinguishes Switzerland most from parliamentary systems. Central and Eastern Europe and all countries with minority problems could learn much of value from this study.

Diversity and Unity in Federal Countries

Luis Moreno,César Colino
Diversity and Unity in Federal Countries Book PDF

Author : Luis Moreno,César Colino
Publisher : McGill-Queen's Press - MQUP
Page : 450 pages
File Size : 42,9 Mb
Release : 2010-07-01
Category : Political Science
ISBN : 9780773590878

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Diversity and Unity in Federal Countries by Luis Moreno,César Colino Pdf

In Diversity and Unity in Federal Countries, leading scholars and practitioners analyse the current political, socio-economic, spatial, and cultural diversity in the countries under consideration before delving into the role that social, historical, and political factors have had in shaping the balance of diversity and unity. The authors assess the value placed on diversity by examining whether present institutional arrangements and public policies restrict or enhance diversity and address the future challenges of balancing diversity and unity in an increasingly populated and mobile world.

Forms of Pluralism and Democratic Constitutionalism

Jean L. Cohen,Andrew Arato,Astrid von Busekist
Forms of Pluralism and Democratic Constitutionalism Book PDF

Author : Jean L. Cohen,Andrew Arato,Astrid von Busekist
Publisher : Columbia University Press
Page : 669 pages
File Size : 40,6 Mb
Release : 2018-09-25
Category : Political Science
ISBN : 9780231546959

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Forms of Pluralism and Democratic Constitutionalism by Jean L. Cohen,Andrew Arato,Astrid von Busekist Pdf

The achievements of the democratic constitutional order have long been associated with the sovereign nation-state. Civic nationalist assumptions hold that social solidarity and social plurality are compatible, offering a path to guarantees of individual rights, social justice, and tolerance for minority voices. Yet today, challenges to the liberal-democratic sovereign nation-state are proliferating on all levels, from multinational corporations and international institutions to populist nationalisms and revanchist ethnic and religious movements. Many critics see the nation-state itself as a tool of racial and economic exclusion and repression. What other options are available for managing pluralism, fostering self-government, furthering social justice, and defending equality? In this interdisciplinary volume, a group of prominent international scholars considers alternative political formations to the nation-state and their ability to preserve and expand the achievements of democratic constitutionalism in the twenty-first century. The book considers four different principles of organization—federation, subsidiarity, status group legal pluralism, and transnational corporate autonomy—contrasts them with the unitary and centralized nation-state, and inquires into their capacity to deal with deep societal differences. In essays that examine empire, indigenous struggles, corporate institutions, forms of federalism, and the complexities of political secularism, anthropologists, historians, legal scholars, political scientists, and sociologists remind us that the sovereign nation-state is not inevitable and that multinational and federal states need not privilege a particular group. Forms of Pluralism and Democratic Constitutionalism helps us answer the crucial question of whether any of the alternatives might be better suited to core democratic principles.

Swiss Democracy

Wolf Linder,Sean Mueller
Swiss Democracy Book PDF

Author : Wolf Linder,Sean Mueller
Publisher : Springer Nature
Page : 310 pages
File Size : 43,9 Mb
Release : 2021-01-20
Category : Political Science
ISBN : 9783030632663

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Swiss Democracy by Wolf Linder,Sean Mueller Pdf

This open access book provides an updated and fully revised 4th edition of this authoritative analysis of Swiss democracy. It particularly explains the institutions of federalism and consensus government through political power sharing. In this new edition, the authors also address several important changes and challenges that have affected Swiss democracy, including the country's relationship with the EU, fiscal equalisation, direct democracy and the legitimacy of national referendums, territorial conflict, as well as the polarisation of party politics.

A Global Environmental Right

Stephen Turner
A Global Environmental Right Book PDF

Author : Stephen Turner
Publisher : Routledge
Page : 215 pages
File Size : 46,5 Mb
Release : 2013-09-11
Category : Business & Economics
ISBN : 9781135090241

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A Global Environmental Right by Stephen Turner Pdf

The development of an international substantive environmental right on a global level has long been a contested issue. To a limited extent environmental rights have developed in a fragmented way through different legal regimes. This book examines the potential for the development of a global environmental right that would create legal duties for all types of decision-makers and provide the bedrock for a new system of international environmental governance. Taking a problem solving approach, the book seeks to demonstrate how straightforward and logical changes to the existing global legal architecture would address some of the fundamental root causes of environmental degradation. It puts forward a draft global environmental right that would integrate duties for both state and non-state actors within reformed systems of environmental governance and a rational framework for business and industry to adhere to in order that those systems could be made operational. It also examines the failures of the existing international climate change regime and explains how the draft global environmental right could remedy existing deficits. This innovative and interdisciplinary book will be of great interest to policy-makers, students and researchers in international environmental law, climate change, environmental politics and global environmental governance as well as those studying the WTO, international trade law, human rights law, constitutional law and corporate law.

Routledge Handbook of Constitutional Law

Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Routledge Handbook of Constitutional Law Book PDF

Author : Mark Tushnet,Thomas Fleiner,Cheryl Saunders
Publisher : Routledge
Page : 733 pages
File Size : 48,6 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135100186

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Routledge Handbook of Constitutional Law by Mark Tushnet,Thomas Fleiner,Cheryl Saunders Pdf

The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

Autonomy of a State in a Federation

Waseem Ahmad Sofi
Autonomy of a State in a Federation Book PDF

Author : Waseem Ahmad Sofi
Publisher : Springer Nature
Page : 191 pages
File Size : 52,9 Mb
Release : 2021-06-17
Category : Political Science
ISBN : 9789811610196

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Autonomy of a State in a Federation by Waseem Ahmad Sofi Pdf

The book discusses the issue of autonomy in India’s federal system and its precision and focused nature. It inquires into the various aspects of the problem autonomy of the states and its emerging trends with special reference of Jammu and Kashmir State autonomy. The book addresses many controversial unanswered question like – Should India adopt and opt for ‘dual’ or ‘competitive’ model of federalism, which has long since been discarded even in the land of its origin or should we evolve robust indigenous solutions to our problem of autonomy of States? To change the metaphor, do we choose a ‘regression model’ or a ‘development model’ of our federal polity? All these discussions which deserve sustained citizen interest and national debate, have been answered in the present book.

Constitutional Law and Politics of Secession

Antoni Abat i Ninet
Constitutional Law and Politics of Secession Book PDF

Author : Antoni Abat i Ninet
Publisher : Taylor & Francis
Page : 283 pages
File Size : 50,9 Mb
Release : 2023-07-31
Category : Law
ISBN : 9781000919318

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Constitutional Law and Politics of Secession by Antoni Abat i Ninet Pdf

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.

Democracies and the Shock of War

Marc Cogen
Democracies and the Shock of War Book PDF

Author : Marc Cogen
Publisher : Routledge
Page : 308 pages
File Size : 55,7 Mb
Release : 2016-05-13
Category : History
ISBN : 9781317153184

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Democracies and the Shock of War by Marc Cogen Pdf

Over the course of the twentieth century, democracies demonstrated an uncanny ability to win wars when their survival was at stake. As this book makes clear, this success cannot be explained merely by superior military equipment or a particular geographical advantage. Instead, it is argued that the legal frameworks imbedded in democratic societies offered them a fundamental advantage over their more politically restricted rivals. For democracies fight wars aided by codes of behaviour shaped by their laws, customs and treaties that reflect the wider values of their society. This means that voters and the public can influence the decision to wage and sustain war. Thus, a precarious balance between government, parliament and military leadership is the backbone of any democracy at war, and the key to success or failure. Beginning with the sixteenth- and seventeenth-century writings of Alberico Gentili and Hugo Grotius, this book traces the rise of legal concepts of war between states. It argues that the ideas and theories set out by the likes of Gentili and Grotius were to provide the bedrock of western democratic thinking in wartime. The book then moves on to look in detail at the two World Wars of the twentieth century and how legal thinking adapted itself to the realities of industrial and total war. In particular it focuses upon the impact of differing political ideologies on the conduct of war, and how combatant nations were frequently forced to challenge core beliefs and values in order to win. Through a combination of history and legal philosophy, this book contributes to a better understanding of democratic government when it is most severely tested at war. The ideas and concepts addressed will resonate, both with those studying the past, and current events.

Federalism as Decision-Making

Francesco Palermo,Elisabeth Alber
Federalism as Decision Making Book PDF

Author : Francesco Palermo,Elisabeth Alber
Publisher : Hotei Publishing
Page : 538 pages
File Size : 42,9 Mb
Release : 2015-02-26
Category : Law
ISBN : 9789004274518

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Federalism as Decision-Making by Francesco Palermo,Elisabeth Alber Pdf

Federalism as decision-making deals with the fundamental question of what answers federalism, as a pragmatic governance tool, can provide to current challenges. Federal theories and the management of specific policies are examined from a comparative and multi-disciplinary perspective.

Constitutionalism, Democracy and Religious Freedom

Hans-Martien ten Napel
Constitutionalism Democracy and Religious Freedom Book PDF

Author : Hans-Martien ten Napel
Publisher : Taylor & Francis
Page : 170 pages
File Size : 44,8 Mb
Release : 2017-05-18
Category : Law
ISBN : 9781317236917

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Constitutionalism, Democracy and Religious Freedom by Hans-Martien ten Napel Pdf

In both Europe and North America it can be argued that the associational and institutional dimensions of the right to freedom of religion or belief are increasingly coming under pressure. This book demonstrates why a more classical understanding of the idea of a liberal democracy can allow for greater respect for the right to freedom of religion or belief. The book examines the major direction in which liberal democracy has developed over the last fifty years and contends that this is not the most legitimate type of liberal democracy for religiously divided societies. Drawing on theoretical developments in the field of transnational constitutionalism, Hans-Martien ten Napel argues that redirecting the concept and practice of liberal democracy toward the more classical notion of limited, constitutional government, with a considerable degree of autonomy for civil society organizations would allow greater religious pluralism. The book shows how, in a postsecular and multicultural context, modern sources of constitutionalism and democracy, supplemented by premodern, transcendental legitimation, continue to provide the best means of legitimating Western constitutional and political orders.