Constitutionalism and Political Reconstruction


Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 9004151745
Category: Law
Page: 391
View: 7894
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This book offers a unique interdisciplinary comparison of the dominant trends in constitutional developments and legal change across different regions of the world in the last half century, bringing together the constitution-making of the post-colonial era with the post-communist political reconstruction and globalization of constitutionalism.

Constitutionalism in the Approach and Aftermath of the Civil War


Author: Paul D. Moreno,Jonathan O'Neill
Publisher: Fordham Univ Press
ISBN: 0823251942
Category: History
Page: 274
View: 6219
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Nine essays which examine constitutional issues at different points in American political history to explain how the constitutional issues resulting in the Civil War were central to politics for a long time before and after the actual conflict. Treats the period from the 1780s through the 1920s.

Arendtian Constitutionalism

Law, Politics and the Order of Freedom
Author: Christian Volk
Publisher: Bloomsbury Publishing
ISBN: 1509901582
Category: Law
Page: 168
View: 5312
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The meaning and function of law in Hannah Arendt's work has never been the subject of a systematic reconstruction. This book examines Arendt's work and reconstructs her ideas through political, legal and constitutional theory, and shows that her engagement with law is continuous as well as crucial to an adequate understanding of her political thought. The author argues that Arendt was very much concerned with the question of an adequate arrangement of law, politics and order ? the so-called triad of constitutionalism. By adopting this approach, the author suggests an alternative interpretation of Arendt's thought, which sees her as thinker of political order who considers as crucial a stable and free political order in which political struggle and dissent can occur. Endorsements 'Christian Volk is one of the most original and penetrating Arendt interpreters of his generation. This book addresses some of the most misunderstood aspects of Arendtian thought ? namely, her views of law and constitutionalism. Volk does away with a lot of misconceptions and guides us to a novel view of Arendt on these questions and beyond'. Seyla Benhabib, Yale University 'One could not imagine something new on Arendt these days. Too much has been written in the last decades. But this volume discloses new land and gives a fresh look at Arendt's theory of the political. A great book, and a must for every reading list'. Hauke Brunkhorst, University of Flensburg 'Hannah Arendt is famous for her unusual conception of politics, but as Christian Volk's rich and seminal study shows, Arendt's political theory goes hand in hand with a distinctive understanding of law. Volk persuasively charts the emergence of Arendt's complementary approaches to law and politics out of her analysis of the crisis of the European nation-state, and tests the power of her thought by bringing it into a fresh dialogue with an unusually wide spectrum of contemporary theorists. An impressive work that deserves the new audience it will find in this welcome translation'. Patchen Markell, University of Chicago 'Christian Volk splendidly discovers Hannah Arendt as a legal theorist. Lawyers interested in her seminal work should just read this book'. Christoph Möllers, Humboldt University Berlin 'As Christian Volk persuasively demonstrates, reading Arendt as a constitutional theorist is more than just adding another dimension to the interpretation of her work. Based on comprehensive textual evidence, he can instead show that this has important conceptual implications which shed a completely new light on the basic aspects of her overall theoretical outlook. Emphasising the procedural grounding of her understanding of democracy, it thus presents a major challenge to many widely held beliefs about Arendt ́s work and an irresistible invitation to reinvestigate the foundations, promises and prospects of radical politics.' Rainer Schmalz-Bruns, Leibniz University of Hanover

The American State from the Civil War to the New Deal

The Twilight of Constitutionalism and the Triumph of Progressivism
Author: Paul D. Moreno
Publisher: Cambridge University Press
ISBN: 1107032954
Category: History
Page: 349
View: 7466
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The story of the breakdown of limited government in America and the rise of the federal state.

Liberty and Union

The Civil War Era and American Constitutionalism
Author: Timothy S. Huebner
Publisher: N.A
ISBN: 9780700622696
Category: History
Page: 576
View: 1346
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A brilliant, imaginative, and original re-examination which synthesizes the histories of the Civil War, of constitutional and legal development, and of the African American experience. The result is a masterful and beautifully written study that will stand out as a superb contribution

Constituting Democracy

Law, Globalism and South Africa's Political Reconstruction
Author: Heinz Klug
Publisher: Cambridge University Press
ISBN: 9780521786430
Category: History
Page: 270
View: 2376
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This book explores the role of constitutionalism in facilitating political change in South Africa.

Global Constitutionalism and Its Challenges to Westphalian Constitutional Law


Author: Martin Belov
Publisher: Bloomsbury Publishing
ISBN: 1509914900
Category: Law
Page: 304
View: 3524
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Westphalian constitutionalism has shaped our understanding of politics, socio-political institutions and personal and political freedom for centuries. It is historically based in the foundations of Western modernity, such as humanism and rationalism, and is organised around familiar principles of national sovereignty, the rule of law, the separation of powers, and democracy. But since the end of the twentieth century, global constitutionalism has gradually emerged, challenging both the constitutional ideology and the constitutional design of Westphalian constitutional law. This book critically assesses the structural and functional transformations in the Westphalian constitutional tradition produced by the emergence of supranational and global constitutionalism. In so doing, it evaluates the theory of global constitutionalism, its legal and socio-political limits, and important issues concerning the supranational constitutionalism of the EU. This leads to an articulation of the constitutional theory of the emerging post-Westphalian constitutionalism, examining its development during a period of significantly increased access to and sharing of information, increased mobility and more open statehood, as well as the rise of human rights and its encounter with populism and nationalism. This book will be of great interest to scholars of constitutional law and theory, particularly those with an interest in globalisation and supranationalism.

Abraham Lincoln, constitutionalism, and equal rights in the Civil War era


Author: Herman Belz
Publisher: Fordham Univ Pr
ISBN: N.A
Category: Biography & Autobiography
Page: 265
View: 2710
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This striking portrait of Abraham Lincoln found in this book is drawn entirely from the writing of his contemporaries and extends from his political beginnings in Springfield to his assassination. It reveals a more severely beleaguered, less godlike, and finally a richer Lincoln than has come through many of the biographies of Lincoln written at a distance after his death. To those who are familiar only with the various “retouched” versions of Lincoln’s life, Abraham Lincoln: A Press Portrait will be a welcome—if sometimes surprising—addition to the literature surrounding the man who is perhaps the central figure in all of American history. The brutality, indeed that malignancy of some of the treatment Lincoln received at the hands of the press may well shock those readers who believe the second half of the twentieth century has a monopoly on the journalism of insult, outrage, and indignation. That Lincoln acted with the calm and clarity he did under the barrage of such attacks can only enhance his stature as one of the great political leaders of any nation at any time.

Conscience and the Constitution

History, Theory, and Law of the Reconstruction Amendments
Author: David A. J. Richards
Publisher: Princeton University Press
ISBN: 1400863562
Category: Law
Page: 308
View: 7848
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At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Constitutionalism

Ancient and Modern
Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category: Law
Page: 162
View: 3648
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McIlwain, Charles Howard. Constitutionalism: Ancient and Modern. Ithaca: Cornell University Press, 1940. ix, 162 pp. Reprint available June 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-550-5. Cloth. $75. * Upon publication The Law Quarterly Review praised this book, noting that "great learning is manifest in these pages" (cited in Marke). McIlwain [1871-1968] examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras. He concludes with a discussion of the forces of despotism that were threatening constitutionally based individual freedom in the 1930s. One of the twentieth century's most distinguished scholars of Anglo-American constitutional history, McIlwain was Eaton Professor of the Science of Government in Harvard University and the author of The High Court of Parliament and Its Supremacy (1910) and The American Revolution: A Constitutional Interpretation (1924). Both of these are available as Lawbook Exchange reprints.

Constitutionalism, Identity, Difference, and Legitimacy

Theoretical Perspectives
Author: Michel Rosenfeld
Publisher: Duke University Press
ISBN: 9780822315162
Category: History
Page: 434
View: 9196
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Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume--written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists--investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory. Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society's quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality. This collection's broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law. Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

From Oligarchy to Republicanism

The Great Task of Reconstruction
Author: Forrest A. Nabors
Publisher: University of Missouri Press
ISBN: 0826273912
Category: Political Science
Page: 419
View: 4527
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On December 4, 1865, members of the 39th United States Congress walked into the Capitol Building to begin their first session after the end of the Civil War. They understood their responsibility to put the nation back on the path established by the American Founding Fathers. The moment when the Republicans in the Reconstruction Congress remade the nation and renewed the law is in a class of rare events. The Civil War should be seen in this light. In From Oligarchy to Republicanism: The Great Task of Reconstruction, Forrest A. Nabors shows that the ultimate goal of the Republican Party, the war, and Reconstruction was the same. This goal was to preserve and advance republicanism as the American founders understood it, against its natural, existential enemy: oligarchy. The principle of natural equality justified American republicanism and required abolition and equal citizenship. Likewise, slavery and discrimination on the basis of color stand on the competing moral foundation of oligarchy, the principle of natural inequality, which requires ranks. The effect of slavery and the division of the nation into two “opposite systems of civilization” are causally linked. Charles Devens, a lawyer who served as a general in the Union Army, and his contemporaries understood that slavery’s existence transformed the character of political society. One of those dramatic effects was the increased power of slaveowners over those who did not have slaves. When the slave state constitutions enumerated slaves in apportioning representation using the federal three-fifths ratio or by other formulae, intra-state sections where slaves were concentrated would receive a substantial grant of political power for slave ownership. In contrast, low slave-owning sections of the state would lose political representation and political influence over the state. This contributed to the non-slaveholders’ loss of political liberty in the slave states and provided a direct means by which the slaveholders acquired and maintained their rule over non-slaveholders. This book presents a shared analysis of the slave South, synthesized from the writings and speeches of the Republicans who served in the Thirty-Eighth, Thirty-Ninth or Fortieth Congress from 1863-1869. The account draws from their writings and speeches dated before, during, and after their service in Congress. Nabors shows how the Republican majority, charged with the responsibility of reconstructing the South, understood the South. Republicans in Congress were generally united around the fundamental problem and goal of Reconstruction. They regarded their work in the same way as they regarded the work of the American founders. Both they and the founders were engaged in regime change, from monarchy in the one case, and from oligarchy in the other, to republicanism. The insurrectionary states’ governments had to be reconstructed at their foundations, from oligarchic to republican. The sharp differences within Congress pertained to how to achieve that higher goal.

Constitutions in a Nonconstitutional World

Arab Basic Laws and the Prospects for Accountable Government
Author: Nathan J. Brown
Publisher: SUNY Press
ISBN: 079148968X
Category: History
Page: 260
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Uses the Arab experience to explain the appeal of constitutional documents to authoritarian political regimes.

Constitutional Politics in the Middle East

With special reference to Turkey, Iraq, Iran and Afghanistan
Author: Said Amir Arjomand
Publisher: Bloomsbury Publishing
ISBN: 1847314058
Category: Law
Page: 222
View: 3195
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This book is the first comparative and interdisciplinary study of constitutional politics and constitution-making in the Middle East. The historical background and setting are fully explored in two substantial essays by Linda Darling and Saà ̄d Amir Arjomand, placing the contemporary experience in the contexts, respectively, of the ancient Middle Eastern legal and political tradition and of the nineteenth and twentieth century legal codification and political modernization. These are followed by Ann Mayer's general analysis of the treatment of human rights in relation to Islam in Middle Eastern constitutions, and Nathan Brown's comparative scrutiny of the process of constitution-making in Iran, Afghanistan and Iraq with reference to the available constitutional theories which are shown to throw little or no light on it. The remaining essays are country by country case studies of Turkey, Afghanistan and Iraq, the case of Iran having been covered by Arjomand as the special point of reference. Mehmet Fevzi Bilgin examines the making and subsequent transformation of the Turkish Constitution of 1982 against current theories of constitutional and deliberative democracy, while Hootan Shambayati examines the institutional mechanism for protecting the ideological foundations of the Turkish Republic, most notably the Turkish Constitutional Court which offers a surprising parallel to the Iranian Council of Guardians. Arjomand's introduction brings together the bumpy experience of the Middle East along the long road to political reconstruction through constitution-making and constitutional reform, drawing some general analytical lessons from it and showing the consequences of the origins of the constitutions of Turkey and Iran in revolutions, and of Afghanistan and Iraq in war and foreign invasion.

New Constitutionalism in Latin America

Promises and Practices
Author: Almut Schilling-Vacaflor
Publisher: Routledge
ISBN: 1317088638
Category: Political Science
Page: 436
View: 7062
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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Constitutionalism and Democracy

Transitions in the Contemporary World
Author: Douglas Greenberg,Stanley N. Katz,Steven C. Wheatley,Melanie Beth Oliviero
Publisher: Oxford University Press
ISBN: 9780195361254
Category: Law
Page: 416
View: 8598
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The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

Constitutionalism, Executive Power, and the Spirit of Moderation

Murray P. Dry and the Nexus of Liberal Education and Politics
Author: Giorgi Areshidze,Paul O. Carrese ,Suzanna Sherry
Publisher: SUNY Press
ISBN: 1438460414
Category: Political Science
Page: 416
View: 6071
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Leading scholars and legal practitioners explore constitutional, legal, and philosophical topics. In Constitutionalism, Executive Power, and the Spirit of Moderation, contributors ranging from scholars to practitioners in the federal executive and judicial branches blend philosophical and political modes of analysis to examine a variety of constitutional, legal, and philosophical topics. Part 1, “The Role of Courts in Constitutional Democracy,” analyzes the proper functions and limits of the judiciary and judicial decision making in constitutional government. Part 2, “Law and Executive Authority,” reflects on the tensions between constitutionalism and presidential leadership in both domestic and international arenas. Part 3, “Liberal Education, Constitutionalism, and Philosophic Moderation,” shifts the focus to the relationship between constitutionalism and political philosophy, and especially to the modern modes of philosophy that most directly influenced the American Founders. A valuable resource for specialists, the book also will be of use in political science and law school classes.

Rethinking Civilizational Analysis


Author: Said Arjomand,Edward A Tiryakian
Publisher: SAGE
ISBN: 1412931347
Category: Social Science
Page: 272
View: 9912
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'At last, a volume on civilization that truly reflects the complexity of multiple civilizations. The wealth of contributions Arjomand and Tiryakian have assembled demonstrates the value of an old concept for understanding the awful dilemmas confronting human kind in the global age. Its thoroughgoing renewal here establishes this book as the essential benchmark for future scholars of civilization' - Martin Albrow, Founding Editor of International Sociology and author of The Global Age - winner of the European Amalfi Prize, 1997 'In our tension filled world, many are heralding, and others fearing, a"clash of civilizations." The contributors to this volume provides a healthy and persuasive argument about why this clash need not, and certainly should not, take place. They do so, moreover, not by rejecting the concept of civilization, but by developing a less primordial, homogenous, and essentialist concept of it. An important collection that provides illumination in this sometimes frighteningly dark time' - Jeffrey Alexander, Professor and Chair of Sociology at Yale University 'The concept of civilization may well replace the notions of globalization and identity as the core component in the vocabulary of 21st century sociology. The authors contribute a great deal to the clarification of fashionable controversies around the "clash of civilizations" and "multiculturalism". They go a long way toward purging the concept of civilization of its ideological overtones, and they suceed admirably in turning it into powerful analytic tool of an emerging fleld of macrosociology, known already as civilizational analysis' - Piotr Sztompka, President, International Sociological Association Although the concept of 'civilization' has deep roots in the social sciences, there is an urgent need to re-think it for contemporary times. This book points to an exhaustion in using 'the nation state' and 'world system' as the basic macro-units of social analysis because they do not get to grips with the 'soft power' variable of cultural factors involved in global aspects of development. Also, globalization requires us to reconsider the link between civilization and a fixed or given territory. This book focuses upon the dynamic aspect of civilizations. Among the topics covered are: · Civilizational analysis and social theory · Global civilization and local cultures · Civilizational forms · Rationalization and Civilization · Civilizations as zones of prestige · Historical and comparative dimensions of civilization · The clash of civilizations.

The Politics of Judicial Interpretation

The Federal Courts, Department of Justice, and Civil Rights, 1866-1876
Author: Robert J. Kaczorowski
Publisher: Fordham Univ Press
ISBN: 9780823223824
Category: History
Page: 246
View: 1905
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This landmark work of Constitutional and legal history is the leading account of the ways in which federal judges, attorneys, and other law officers defined a new era of civil and political rights in the South and implemented the revolutionary 13th, 14th, and 15th Amendments during Reconstruction. Should be required reading . . . for all historians, jurists, lawyers, political scientists, and government officials who in one way or another are responsible for understanding and interpreting our civil rights past.-Harold M. Hyman, Journal of Southern HistoryImportant, richly researched. . . . the fullest account now available.-American Journal of Legal History

Constitutionalism, Democracy and Religious Freedom

To be Fully Human
Author: Hans-Martien ten Napel
Publisher: Routledge
ISBN: 1317236904
Category: Law
Page: 170
View: 8440
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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.