Social Difference And Constitutionalism In Pan Asia

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Social Difference and Constitutionalism in Pan-Asia

Author : Susan H. Williams
Publisher : Unknown
Page : 378 pages
File Size : 50,9 Mb
Release : 2014
Category : Constitutional law
ISBN : 1107723906

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Social Difference and Constitutionalism in Pan-Asia by Susan H. Williams Pdf

This book addresses the role of constitutions and constitutionalism in dealing with the challenges of social difference across Pan-Asia.

Social Difference and Constitutionalism in Pan-Asia

Author : Susan H. Williams
Publisher : Cambridge University Press
Page : 377 pages
File Size : 55,6 Mb
Release : 2014-02-10
Category : Political Science
ISBN : 9781107729483

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Social Difference and Constitutionalism in Pan-Asia by Susan H. Williams Pdf

In many countries, social differences, such as religion or race and ethnicity, threaten the stability of the social and legal order. This book addresses the role of constitutions and constitutionalism in dealing with the challenge of difference. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across 'Pan-Asia', a wide swath of the world that runs from the Middle East, through Asia, and into Oceania. The book's multidisciplinary and comparative approach makes it unique. The book is organized into five sections, each devoted to constitutional approaches to a particular type of difference - religion, ethnicity/race, urban/rural divisions, language, and gender and sexual orientation - in two or more countries in Pan Asia. The introduction offers a framework for thinking comprehensively about the many ways constitutionalism interacts with difference.

Pluralist Constitutions in Southeast Asia

Author : Jaclyn L Neo,Ngoc Son Bui
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 41,8 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509920471

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Pluralist Constitutions in Southeast Asia by Jaclyn L Neo,Ngoc Son Bui Pdf

This book examines the presence of ethnic, religious, political, and ideational pluralities in Southeast Asian societies and how their respective constitutions respond to these pluralities. Countries covered in this book are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam. The chapters examine: first, the range of pluralist constitutional values and ideas embodied in the constitutions; secondly, the pluralist sources of constitutional norms; thirdly, the design of constitutional structures responding to various pluralities; and fourthly, the construction and interpretation of bills of rights in response to existing pluralities. The 'pluralist constitution' is thus one that recognises internal pluralities within society and makes arrangements to accommodate, rather than eliminate, these pluralities.

Deciphering the Genome of Constitutionalism

Author : Ran Hirschl,Yaniv Roznai
Publisher : Cambridge University Press
Page : 387 pages
File Size : 53,7 Mb
Release : 2024-03-31
Category : Law
ISBN : 9781009473248

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Deciphering the Genome of Constitutionalism by Ran Hirschl,Yaniv Roznai Pdf

"Featuring key scholars of comparative constitutionalism, constitutional theory, and constitutional politics, this book provides a comprehensive, theoretical, comparative, normative, and empirical account of the concept of constitutional identity. It will appeal to scholars, students, jurists, and constitutional drafters alike"--

Buddhism and Comparative Constitutional Law

Author : Tom Ginsburg,Benjamin Schonthal
Publisher : Cambridge University Press
Page : 405 pages
File Size : 40,7 Mb
Release : 2022-12-01
Category : Law
ISBN : 9781009286060

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Buddhism and Comparative Constitutional Law by Tom Ginsburg,Benjamin Schonthal Pdf

Buddhism and Comparative Constitutional Law offers the first comprehensive account of the entanglements of Buddhism and constitutional law in Sri Lanka, Myanmar, Thailand, Cambodia, Vietnam, Tibet, Bhutan, China, Mongolia, Korea, and Japan. Bringing together an interdisciplinary team of experts, the volume offers a complex portrait of “the Buddhist-constitutional complex,” demonstrating the intricate and powerful ways in which Buddhist and constitutional ideas merged, interacted and co-evolved. The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism. Available Open Access on Cambridge Core, this trans-disciplinary volume is written to be accessible to a non-specialist audience.

The Constitution of Arbitration

Author : Victor Ferreres Comella
Publisher : Cambridge University Press
Page : 235 pages
File Size : 40,9 Mb
Release : 2021-03-11
Category : Law
ISBN : 9781108842839

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The Constitution of Arbitration by Victor Ferreres Comella Pdf

The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.

The Failure of Popular Constitution Making in Turkey

Author : Felix Petersen,Zeynep Yanasmayan,Zeynep Yanaşmayan
Publisher : Cambridge University Press
Page : 427 pages
File Size : 54,6 Mb
Release : 2020-01-16
Category : Law
ISBN : 9781108497626

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The Failure of Popular Constitution Making in Turkey by Felix Petersen,Zeynep Yanasmayan,Zeynep Yanaşmayan Pdf

Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.

Constitution Makers on Constitution Making

Author : Tom Ginsburg,Sumit Bisarya
Publisher : Cambridge University Press
Page : 291 pages
File Size : 53,9 Mb
Release : 2022-11-17
Category : Law
ISBN : 9781108905046

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Constitution Makers on Constitution Making by Tom Ginsburg,Sumit Bisarya Pdf

Constitution-making is a major event in the life of a country, with constitutions often acting as a catalyst for social and political transformation. But what determines the visions, aspirations and compromises that go into a written constitution? In this unique volume, constitution makers from countries around the world come together to offer their insights. Using a collection of case studies from countries with recently written constitutions, Constitution Makers on Constitution Making provides a common framework to explain how constitutions are created. Scholars and practitioners very close to the process illuminate critical insights into how participants see constitutional options, how deadlocks are broken, and how changes are achieved. This vital volume also draws lessons concerning the role of courts in policing the process, on international involvement, and on public participation.

Assessing Constitutional Performance

Author : Tom Ginsburg,Aziz Huq
Publisher : Cambridge University Press
Page : 447 pages
File Size : 51,7 Mb
Release : 2016-08-30
Category : Law
ISBN : 9781107154797

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Assessing Constitutional Performance by Tom Ginsburg,Aziz Huq Pdf

This volume challenges the concept of constitutional success, a bedrock assumption of comparative constitutional scholarship.

Constitutional Courts as Mediators

Author : Julio Ríos-Figueroa,Julio Ríos Figueroa
Publisher : Cambridge University Press
Page : 255 pages
File Size : 50,9 Mb
Release : 2016-04-15
Category : Law
ISBN : 9781107079786

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Constitutional Courts as Mediators by Julio Ríos-Figueroa,Julio Ríos Figueroa Pdf

The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

Constitutionalism in Context

Author : David S. Law
Publisher : Unknown
Page : 612 pages
File Size : 50,7 Mb
Release : 2022-02-09
Category : Law
ISBN : 9781108674263

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Constitutionalism in Context by David S. Law Pdf

With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

Unstable Constitutionalism

Author : Mark Tushnet,Madhav Khosla
Publisher : Cambridge University Press
Page : 415 pages
File Size : 48,7 Mb
Release : 2015-09-17
Category : Law
ISBN : 9781107068957

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Unstable Constitutionalism by Mark Tushnet,Madhav Khosla Pdf

This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

The Invisible Constitution in Comparative Perspective

Author : Rosalind Dixon,Adrienne Stone
Publisher : Cambridge University Press
Page : 595 pages
File Size : 47,6 Mb
Release : 2018-11-08
Category : Law
ISBN : 9781108417570

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The Invisible Constitution in Comparative Perspective by Rosalind Dixon,Adrienne Stone Pdf

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.

Constitutionalism and Legal Change in Myanmar

Author : Andrew Harding,Khin Khin Oo
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 51,9 Mb
Release : 2017-01-26
Category : Law
ISBN : 9781509902101

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Constitutionalism and Legal Change in Myanmar by Andrew Harding,Khin Khin Oo Pdf

Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progress has been made towards constitutional government and law reform. With the election of the opposition NLD to government in the general election of November 2015 and the presidential electoral college election of March 2016,now is the time to consider the Constitution, and prospects and needs for constitutional change as Myanmar moves towards democracy and the rule of law. Much has been made of the Constitution's rigidity, which is seen as an obstacle to reform and inconsistent with embracing the rule of law, human rights and multi-party democracy, especially with a rapidly transforming state and society. Nonetheless, the Constitution is also seen as having potential to be a very positive force for reform. Many issues arise now for constitutionalism and constitutional change: presidency; federalism and territorial governance; the status of minorities and freedom of religion; civil liberties in what is described as a 'discipline-flourishing democracy'; the courts, justice and the rule of law; the electoral system; and many more. This book is an attempt to gauge the extent and potential for the entrenchment of constitutionalism in Myanmar in a rapidly changing environment.