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Author : Laurel E. Miller,Louis Aucoin
Publisher : US Institute of Peace Press
Page : 737 pages
File Size : 42,6 Mb
Release : 2010
Category : History
ISBN : 9781601270559
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.
Author : University of Chicago Law Review
Publisher : Quid Pro Books
Page : 686 pages
File Size : 40,9 Mb
Release : 2014-12-17
Category : Law
ISBN : 9781610278584
The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.
Author : Emmanuel De Groof
Publisher : Cambridge University Press
Page : 427 pages
File Size : 41,7 Mb
Release : 2020-08-27
Category : Law
ISBN : 9781108499767
Explores how international law applies to transitional governance from a multi-actor perspective in conflict-riven countries.
Author : Jeffrey A. Lenowitz,Meyer and W Walter Jaffe Assistant Professor of Politics Jeffrey A Lenowitz
Publisher : Oxford University Press
Page : 401 pages
File Size : 44,5 Mb
Release : 2022-03-10
Category : Constitutional law
ISBN : 9780198852346
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Author : Denis J. Galligan,Mila Versteeg
Publisher : Cambridge University Press
Page : 693 pages
File Size : 43,7 Mb
Release : 2013-10-14
Category : Law
ISBN : 9781107032880
This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives on the social and political foundations of constitutions with a range of in-depth case studies on constitution making in nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives in the social sciences.
Author : Gregory Shaffer,Tom Ginsburg,Terence C. Halliday
Publisher : Cambridge University Press
Page : 335 pages
File Size : 49,6 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108473101
Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.
Author : George Joffé
Publisher : Routledge
Page : 438 pages
File Size : 43,9 Mb
Release : 2013-10-18
Category : Social Science
ISBN : 9781317985167
This book addresses issues surrounding the evolution of the Arab Spring in North Africa. After a general introduction and explanation of the events on a region-wide basis, it turns to examine aspects of each of the countries concerned. The role of the Muslim Brotherhood during the Nasser regime and in the contemporary situation is compared, together with an analysis of the emergence of new political parties in Egypt. The book analyses the links between social media and satellite television during the revolution in Egypt. This is followed by a study of the intellectual and cultural background to the Tunisian revolution and an analysis of the new political parties in Tunisia. It also looks at the revolution process in Libya and concludes with a study of why there was no revolution in Algeria and how the Moroccan monarchy was able to sideline those who challenged it at the price of constitutional changes that are essentially cosmetic. This book was originally published as a special issue of The Journal of North African Studies.
Author : Erin C. Houlihan and Sumit Bisarya
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
Page : 66 pages
File Size : 54,5 Mb
Release : 2021-07-26
Category : Political Science
ISBN : 9789176714393
Public participation has become a core element of modern constitution-building. Robust participation is credited with a range of benefits—from improving individual behaviours and attitudes to democracy to shaping elite bargaining dynamics, improving constitutional content, and strengthening outcomes for democracy and peace. Yet it is not well understood whether and how public participation can achieve these ends. Much of what we think we know about participatory constitution-building remains theoretical. No two processes are alike, and there is no agreed definition of what constitutes a ‘participatory process’. Yet national decision-makers must contend with the key question: What does a robust participation process look like for a particular country, at a particular time, in a particular context? What considerations and principles can be derived from comparative experience to guide decisions? This Policy Paper unpacks the forms and functions of public participation across different stages of the constitution-building process and considers the ways in which public engagement can influence the dynamics of the process, including political negotiations.
Author : Rainer Grote,Tilmann J. Röder
Publisher : Oxford University Press
Page : 1200 pages
File Size : 47,7 Mb
Release : 2016-07-25
Category : Law
ISBN : 9780190627652
Constitutionalism, Human Rights, and Islam after the Arab Spring offers a comprehensive analysis of the impact that new and draft constitutions and amendments - such as those in Jordan, Morocco, Syria, Egypt, and Tunisia - have had on the transformative processes that drive constitutionalism in Arab countries. This book aims to identify and analyze the key issues facing constitutional law and democratic development in Islamic states, and offers an in-depth examination of the relevance of the transformation processes for the development and future of constitutionalism in Arab countries. Using an encompassing and multi-faceted approach, this book explores underlying trends and currents that have been pivotal to the Arab Spring, while identifying and providing a forward looking view of constitution making in the Arab world.
Author : Alexander Hudson
Publisher : Cambridge University Press
Page : 241 pages
File Size : 47,8 Mb
Release : 2021-05-06
Category : Law
ISBN : 9781108840071
Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.
Author : Andrea Carcano
Publisher : BRILL
Page : 569 pages
File Size : 52,5 Mb
Release : 2015-08-14
Category : Law
ISBN : 9789004227880
Building on a broad historical foundation, this study offers a comprehensive treatment of the international law issues that have arisen in connection with, and as a result of, the ‘transformative’ occupation of Iraq and of their significance for the development of international law.
Author : Rosalind Dixon,Tom Ginsburg
Publisher : Edward Elgar Publishing
Page : 384 pages
File Size : 52,7 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781785369216
This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.
Author : Todd A. Eisenstadt,A. Carl LeVan,Tofigh Maboudi
Publisher : Cambridge University Press
Page : 223 pages
File Size : 54,8 Mb
Release : 2017-07-03
Category : Law
ISBN : 9781107168220
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
Author : George Anderson,Sujit Choudhry
Publisher : Oxford University Press
Page : 464 pages
File Size : 40,9 Mb
Release : 2019-03-07
Category : Law
ISBN : 9780192573605
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.
Author : Tania Abbiate,Markus Böckenförde,Veronica Federico
Publisher : Routledge
Page : 318 pages
File Size : 55,6 Mb
Release : 2017-11-22
Category : Political Science
ISBN : 9781351719643
During the last decade of the 20th century, Africa has been marked by a "constitutional wind" which has blown across the continent giving impetus to constitutional reforms designed to introduce constitutionalism and good governance. One of the main features of these processes has been the promotion of public participation, encouraged by both civil society and the international community. This book aims to provide a systematic overview of participation forms and mechanisms across Africa, and a critical understanding of the impact of public participation in constitution-making processes, digging beneath the rhetoric of public participation as being at the heart of any successful transition towards democracy and constitutionalism. Using case studies from Central African Republic, Egypt, Kenya, Libya, Malawi, Morocco, Senegal, Somalia, South Africa, South Sudan, Tanzania, Tunisia, Zambia and Zimbabwe, the book investigates various aspects of participatory constitution making: from conception, to processes, and specific contents that trigger ambivalent dynamics in such processes. The abstract glorification of public participation is questioned as theoretical and empirical perspectives are used to explain what public participation does in concrete terms and to identify what lessons might be drawn from those experiences. This is a valuable resource for academics, researchers and students with an interest in politics and constitution building in Africa, as well as experts working in national offices, international organizations or in national and international NGOs.