Human Rights And Constitution Making

Author : Anonim
Publisher : UN
Page : 158 pages
File Size : 44,6 Mb
Release : 2018
Category : Law
ISBN : UCBK:C116916584

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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 : Lutz Oette,Mohamed Abdelsalam Babiker
Publisher : Routledge
Page : 218 pages
File Size : 51,7 Mb
Release : 2018-12-20
Category : Law
ISBN : 9781317227915

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Constitution-making and Human Rights in the Sudans by Lutz Oette,Mohamed Abdelsalam Babiker Pdf

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan’s governance problems. Following South Sudan’s independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan’s identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan’s constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women’s rights.

Author : Vivien Hart
Publisher : Unknown
Page : 12 pages
File Size : 42,5 Mb
Release : 2003
Category : Constitutional law
ISBN : PURD:32754077096083

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Democratic Constitution Making by Vivien Hart Pdf

Author : Helen Irving
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 43,5 Mb
Release : 2017-06-30
Category : Electronic
ISBN : 9781784716967

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Constitutions and Gender by Helen Irving Pdf

Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.

Author : Denis James Galligan
Publisher : Cambridge University Press
Page : 844 pages
File Size : 41,9 Mb
Release : 2013
Category : Constitutional law
ISBN : 9781107424395

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Social and Political Foundations of Constitutions by Denis James Galligan Pdf

"This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies of constitution making in nineteen different countries. In the first part of the volume, leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part of the volume, these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina, and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena. The approach combines social science analysis of the nature of constitutions with case studies of selected constitutions"--

Author : Gregory Shaffer,Tom Ginsburg,Terence C. Halliday
Publisher : Cambridge University Press
Page : 335 pages
File Size : 42,5 Mb
Release : 2019-04-18
Category : Law
ISBN : 9781108473101

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Constitution-Making and Transnational Legal Order by Gregory Shaffer,Tom Ginsburg,Terence C. Halliday Pdf

Constitutions are no longer exclusively national projects, but increasingly result from broader transnational processes that form a transnational legal order.

Author : Robert A. Goldwin,Art Kaufman
Publisher : American Enterprise Institute Press
Page : 496 pages
File Size : 51,6 Mb
Release : 1988
Category : Law
ISBN : UOM:39015028981143

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Constitution Makers on Constitution Making by Robert A. Goldwin,Art Kaufman Pdf

Eighty new constitutions, more than half of the written national constitutions in effect, have been written and adopted just since 1974, an average of more than five a year. At a time when the United States is observing the two-hundredth anniversary of its Constitution, the median age of all constitutions in the world is less than fifteen years. Never before have so many living constitution makers, in so many different kinds of regimes, been still active and capable of telling the story, firsthand, of how their nation's constitution was made. In eight pairs of papers, written from differing perspectivies, this book tells the story of the writing of the constitutions of France, Greece, the United States, Yugoslavia, Spain, Egypt, Venezuela, and Nigeria. It also includes an analysis by constitutional experts from twenty countries of how to put into practice the principles of constitutionalism--political liberty, security of rights, and self-government.

Author : Lois Harder,Steve Patten
Publisher : UBC Press
Page : 356 pages
File Size : 42,7 Mb
Release : 2015-06-17
Category : Political Science
ISBN : 9780774828642

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Patriation and Its Consequences by Lois Harder,Steve Patten Pdf

Few moments in Canadian history are as intriguing as the political battle between Prime Minister Pierre Trudeau and the “Gang of Eight” provincial premiers who opposed his plans to “patriate” Canada’s constitution from Britain. Patriation and Its Consequences revisits these constitutional negotiations, including the personalities, visions, and political struggles that shaped the resulting constitutional agreement. Focusing on the players behind the process, as well as First Nations and feminist activists, this volume explores the long shadow of patriation: the alienation of Quebec, the character of Canadian federalism, Aboriginal treaty rights, and the struggle to ensure gender equality.

Author : Richard Albert,Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 266 pages
File Size : 40,6 Mb
Release : 2018-11-01
Category : Law
ISBN : 9781351038966

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The Law and Legitimacy of Imposed Constitutions by Richard Albert,Xenophon Contiades,Alkmene Fotiadou Pdf

Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution. This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.

Author : András Sajó,Renáta Uitz
Publisher : Oxford University Press
Page : 450 pages
File Size : 53,8 Mb
Release : 2017-11-04
Category : Law
ISBN : 9780191046032

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The Constitution of Freedom by András Sajó,Renáta Uitz Pdf

Constitutional democracy is more fragile and less 'natural' than autocracy. While this may sound surprising to complacent democrats, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. Generations who have lived in stable democracies with the promise that their enviable world will become the global 'normal' find government rule without constitutionalism difficult to conceive. It is difficult, but never too late, to see one's own constitutional system as something that is fragile, or up for grabs and in need of constant attention and care. In this book, András Sajó and Renáta Uitz explore how constitutionalism protects us and how it might be undone by its own means. Sajó and Uitz's intellectual history of the constitutional ideal is rich in contextual detail and informed by case studies that give an overview of both the theory and practice of constitutionalism worldwide. Classic constitutions are contrasted with twentieth-century and contemporary endeavours, and experimentations in checks and balances. Their endeavour is neither apologetic (and certainly not celebratory), nor purely defensive: this book demonstrates why constitutionalism should continue to matter. Between the rise of populist, anti-constitutional sentiment and the normalization of the apparatus of counter-terrorism, it is imperative that the political communities who seek to sustain democracy as freedom understand the importance of constitutionalism. This book is essential reading for students of law and general readers without prior knowledge of the field, as well as those in politics who believe they know how government works. It shows what is at stake in the debate on constitutionalism.

Author : Laurel E. Miller,Louis Aucoin
Publisher : US Institute of Peace Press
Page : 737 pages
File Size : 47,7 Mb
Release : 2010
Category : History
ISBN : 9781601270559

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Framing the State in Times of Transition by Laurel E. Miller,Louis Aucoin Pdf

Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

Author : Rett R. Ludwikowski
Publisher : Unknown
Page : 664 pages
File Size : 42,9 Mb
Release : 1996
Category : Civil rights
ISBN : UOM:39015040730320

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Constitution-making in the Region of Former Soviet Dominance by Rett R. Ludwikowski Pdf

Contains texts of constitutions of various countries which were once part of the U.S.S.R.

Author : European Commission for Democracy through Law,Türk Demokrasi Vakfı,Turkey
Publisher : Council of Europe
Page : 88 pages
File Size : 41,8 Mb
Release : 1993-01-01
Category : Political Science
ISBN : 9287124167

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Constitution Making as an Instrument of Democratic Transition by European Commission for Democracy through Law,Türk Demokrasi Vakfı,Turkey Pdf

Of the discussion.

Author : Rainer Grote,Tilmann J. Röder
Publisher : Oxford University Press
Page : 1200 pages
File Size : 49,7 Mb
Release : 2016-07-25
Category : Law
ISBN : 9780190627652

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Constitutionalism, Human Rights, and Islam after the Arab Spring by Rainer Grote,Tilmann J. Röder Pdf

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 : Ngoc Son Bui,Mara Malagodi
Publisher : Bloomsbury Publishing
Page : 495 pages
File Size : 53,8 Mb
Release : 2023-05-18
Category : Law
ISBN : 9781509949717

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Asian Comparative Constitutional Law, Volume 1 by Ngoc Son Bui,Mara Malagodi Pdf

This is the first in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. Volume 1 explores the process and contents in the making of a new constitution. The book provides answers to questions on the causes, processes, substance and implantation involved in making new constitutions such as; - What are the political, social, and economic factors that drive the constitution-making? - How are constitutions made, and who makes them? - What are the substantive contents of constitution-making? - What kinds of legislation are enacted to implement constitutions? - How do courts enforce constitutions? The book considers the impact of decolonisation, globalisation and social-political dynamics which have led to the enactment of numerous independent constitutions in Asia including Vietnam (2013), Nepal (2015) and Thailand (2017). The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam. An essential reference for those interested in Asian constitutional law.