Constitutional Design And Implementation Dynamics

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Constitutional Design and Implementation Dynamics

Author : Surendra Bhandari
Publisher : Unknown
Page : 504 pages
File Size : 53,9 Mb
Release : 2024-06-29
Category : Electronic
ISBN : 9937007747

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Constitutional Design and Implementation Dynamics by Surendra Bhandari Pdf

Constitutional Dynamics in Federal Systems

Author : Michael Burgess,G. Alan Tarr
Publisher : McGill-Queen's University Press
Page : 352 pages
File Size : 47,5 Mb
Release : 2012-03-09
Category : Political Science
ISBN : 9780773587014

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Constitutional Dynamics in Federal Systems by Michael Burgess,G. Alan Tarr Pdf

Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development. Contributors include Michael Burgess (University of Kent) and G. Alan Tarr (Rutgers University-Camden), John J. Dinan (Wake Forest University), Arthur Gunlicks (University of Richmond), Peter Bu?jäger (University of Innsbruck), Jens Woelk (University of Trento), Nicolas Schmitt (University of Fribourg), Patrick Peeters (University of Leuven), Gerald Baier (University of British Columbia), Stephen Tierney (University of Edinburgh), Carlos Viver (University of Barcelona), Francesco Palermo (University of Verona), Anneli Albi (University of Kent), Ornella Porchia (University of Turin).

Principles of Constitutional Design

Author : Donald S. Lutz
Publisher : Cambridge University Press
Page : 251 pages
File Size : 43,5 Mb
Release : 2006-08-28
Category : Political Science
ISBN : 9781139460552

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Principles of Constitutional Design by Donald S. Lutz Pdf

This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.

Presidents and Assemblies

Author : Matthew Soberg Shugart
Publisher : Unknown
Page : 316 pages
File Size : 42,7 Mb
Release : 1992
Category : Elections
ISBN : OCLC:1087551567

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Presidents and Assemblies by Matthew Soberg Shugart Pdf

Crafting Constitutional Democracies

Author : Edward V. Schneier
Publisher : Rowman & Littlefield
Page : 288 pages
File Size : 41,9 Mb
Release : 2006
Category : Law
ISBN : 0742530744

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Crafting Constitutional Democracies by Edward V. Schneier Pdf

By examining the institutions of government through the lens of constitution-making, Crafting Constitutional Democracies provides a broad and insightful introduction to comparative politics. Drawn from a series of lectures given in Jakarta, Indonesia, on the drafting of the U.S. constitution, the book illustrates the problems faced by generations of founders, through numerous historic and contemporary examples. Both Indonesia in 1999 and the United States in 1789 faced the same basic issue: how to construct a central government for a large and diverse nation that allowed the majority of the people to govern themselves without intruding on the rights of minorities. What kinds of institutions make for 'good government'? What factors need to be considered in designing a government? Author Edward Schneier explores these questions through a rich variety of examples from both recent and historic transitions to democracy. Drawing frequently upon the arguments of the American Federalist Papers and more contemporary theories of democratization, Crafting Constitutional Democracies lucidly explores the key questions of how and why democracies succeed and fail. A concluding chapter on constitutional change and decline raises provocative and important questions about the lessons that citizens of the world's older democracies might take from the struggles of the new.

The Architecture of Democracy

Author : Andrew Reynolds
Publisher : OUP Oxford
Page : 534 pages
File Size : 50,5 Mb
Release : 2002-03-14
Category : Political Science
ISBN : 9780191529856

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The Architecture of Democracy by Andrew Reynolds Pdf

Democratic design is increasingly seen as the key to crafting stability in the fragile states of the developing world. Getting the democratic institutions right may not guarantee success but getting them wrong has led to violent collapse in many socially divided states. The Architecture of Democracy brings together both theory and case study evidence to provide the reader with an excellent overview of the cutting edge of academic debate and its practical implications for democratic design in the 21st century. The discipline of constitutional engineering reached maturity in the 1990s with theories of ethnic polarization and democratic conflict management being applied in trouble spots across the globe. Andrew Reynolds brings together the leading lights of the discipline to discuss the successes and failures of constitutional design. The two icons of modern constitutional design, Arend Lijphart and Donald Horowitz, lead off by debating their own contributions to the field. Then Olga Shvetsova, Timothy Frye, and José Antônio Cheibub, present important new evidence from Europe, the Central and Eastern Europe/Asia, and Latin America. Steven Solnick, Yash Ghai, Pippa Norris, and Rein Taagepera analyze the effects of presdential and parliamentary systems, issues of federalism and autonomy, and the varying impact of electoral systems. The book concludes with Brij Lal's case study of Fiji, Brendan O'Leary on Northern Ireland, Bereket Habte Selassie on Eritrea, William Liddle on Indonesia, Rotimi Suburu and Larry Diamond on Nigeria, and David Stuligross and Ashutosh Varshney on India. The Architecture of Democracy is the culmination of the study of constitutional engineering in the third wave of democracy and sets parameters for this crucial research as democracy diffuses across the world.

Comparative Constitutional Design

Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 407 pages
File Size : 47,9 Mb
Release : 2012-02-27
Category : Law
ISBN : 9781107020566

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Comparative Constitutional Design by Tom Ginsburg Pdf

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

The Oxford Handbook of International Law in Asia and the Pacific

Author : Simon Chesterman,Hisashi Owada,Ben Saul
Publisher : Oxford University Press
Page : 600 pages
File Size : 42,6 Mb
Release : 2019-09-04
Category : Law
ISBN : 9780192512703

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The Oxford Handbook of International Law in Asia and the Pacific by Simon Chesterman,Hisashi Owada,Ben Saul Pdf

The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Patterns of Constitutional Design

Author : Jonathan Wheatley,Fernando Mendez
Publisher : Routledge
Page : 0 pages
File Size : 43,9 Mb
Release : 2013
Category : Conflict management
ISBN : 1409460886

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Patterns of Constitutional Design by Jonathan Wheatley,Fernando Mendez Pdf

To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

A Practical Guide to Constitution Building

Author : Winluck Wahiu,Markus Böckenförde,Nora Hedling
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 2011
Category : Constitutional law
ISBN : OCLC:779852624

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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."--

Constitutional Negotiations

Author : Sumit Bisarya and Thibaut Noel
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 14 pages
File Size : 47,7 Mb
Release : 2021-04-26
Category : Political Science
ISBN : 9789176714140

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Constitutional Negotiations by Sumit Bisarya and Thibaut Noel Pdf

Countries often amend their constitutions or enact new ones following major political events, such as the founding of newly independent states, the fall of an authoritarian regime or the end of violent conflict. Significant constitutional reform at a crucial moment is often a high-stakes process because a constitution regulates access to public power and resources among different groups. While disagreements over divisive topics are likely and even inherent to constitution-making, they may also result in a serious deadlock when stakeholders are unable to reach agreement. A prolonged deadlock can delay or even derail the whole reform process. In this context, it may be advisable to create incentives that can help parties to the negotiations overcome divergence and resolve deadlocks should they occur. This Constitution Brief focuses on strategies and mechanisms for breaking a deadlock in constitutional negotiations conducted in an environment of competitive democratic politics.

Constitutional Dynamic Chemistry

Author : Mihail Barboiu
Publisher : Springer Science & Business Media
Page : 320 pages
File Size : 51,7 Mb
Release : 2012-03-06
Category : Science
ISBN : 9783642283444

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Constitutional Dynamic Chemistry by Mihail Barboiu Pdf

Constitutional Dynamic Chemistry: Bridge from Supramolecular Chemistry to Adaptive Chemistry, by Jean-Marie Lehn Multistate and Phase Change Selection in Constitutional Multivalent Systems, by Mihail Barboiu Dynamic Systemic Resolution, by Morakot Sakulsombat, Yan Zhang and Olof Ramström Dynamic Combinatorial Self-Replicating Systems, by Emilie Moulin and Nicolas Giuseppone DCC in the Development of Nucleic Acid Targeted and Nucleic Acid Inspired Structures, by Benjamin L. Miller Dynamic Nanoplatforms in Biosensor and Membrane Constitutional Systems, by Eugene Mahon, Teodor Aastrup und Mihail Barboiu Dynamic Assembly of Block-Copolymers, by D. Quémener, A. Deratani und S. Lecommandoux Dynamic Chemistry of Anion Recognition, by Radu Custelcean Supramolecular Naphthalenediimide Nanotubes, by Nandhini Ponnuswamy, Artur R. Stefankiewicz, Jeremy K. M. Sanders und G. Dan Pantoş Synthetic Molecular Machines and Polymer/Monomer Size Switches that Operate Through Dynamic and Non-Dynamic Covalent Changes, by Adrian-Mihail Stadler und Juan Ramírez Reversible Covalent Chemistries Compatible with the Principles of Constitutional Dynamic Chemistry: New Reactions to Create More Diversity, by Kamel Meguellati und Sylvain Ladame.

Territory and Power in Constitutional Transitions

Author : George Anderson,Sujit Choudhry
Publisher : Oxford University Press
Page : 464 pages
File Size : 55,7 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192573612

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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.

Making Constitutions

Author : Gabriel L. Negretto
Publisher : Cambridge University Press
Page : 297 pages
File Size : 43,5 Mb
Release : 2013-06-17
Category : Political Science
ISBN : 9781107026520

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Making Constitutions by Gabriel L. Negretto Pdf

Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.

Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering

Author : Jan Zielonka
Publisher : OUP Oxford
Page : 506 pages
File Size : 52,9 Mb
Release : 2001-06-14
Category : Political Science
ISBN : 9780191529184

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Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering by Jan Zielonka Pdf

This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democratic consolidation through institutional means. The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments. The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. The second chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania, Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.