Constitutionalism and Political Reconstruction


Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 9004151745
Category: Law
Page: 391
View: 3445
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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.

Constituting Democracy

Law, Globalism, and South Africa's Political Reconstruction
Author: Heinz Klug
Publisher: Cambridge University Press
ISBN: 9780521786430
Category: Law
Page: 270
View: 9002
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Against the backdrop of South Africa's transition from apartheid, this provocative book explores the role of late twentieth-century constitutionalism in facilitating political change. While using South Africa as a case study, Klug's larger project is to investigate why there has been renewed faith in justiciable constitutions and democratic constitutionalism, despite their many flaws. This examination of South Africa's constitution-making process provides important new insights into the role of law in the transition to democracy.

New Constitutionalism in Latin America

Promises and Practices
Author: Almut Schilling-Vacaflor
Publisher: Routledge
ISBN: 1317088638
Category: Political Science
Page: 436
View: 2724
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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 : the American Council of Learned Societies Comparative Constitutionalism Papers
Author: Douglas Greenberg,American Council of Learned Societies
Publisher: Oxford University Press on Demand
ISBN: 0195071077
Category: Law
Page: 391
View: 7598
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The American Council of Learned Societies comparative constitutionalism papers.

Der autoritäre Staat

Ein Versuch über das österreichische Staatsproblem
Author: Erich Voegelin
Publisher: Springer
ISBN: 9783211830697
Category: Law
Page: 292
View: 9559
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Erich Voegelin (1901–1985) erweist sich mit seiner Schrift aus dem Jahr 1936 als ein herausragender österreichischer Staats- und Verfassungstheoretiker. Einleitende Denkansätze sind staatstheoretische und geistesgeschichtliche Ortungen der politikwissenschaftlichen Topoi "autoritär" und "total". Auf diese gründet Voegelin eine historische Analyse der österreichischen Verfassung und ihrer geistesgeschichtlichen Wurzeln von 1848 bis 1929. Der dritte Teil beinhaltet eine kritische Darstellung der ständisch-autoritären Verfassung von 1934. Zwischen dem zweiten und dem dritten Teil eingebettet liegt eine kritische Auseinandersetzung Voegelins mit der Reinen Rechtslehre seines Lehrers Hans Kelsen. Im Vorwort zu diesem Neudruck schildert Günther Winkler eingehend die wissenschaftlichen Beziehungen zwischen Voegelin und Kelsen und liefert damit einen ebenso anschaulichen wie aufschlußreichen Beitrag zur österreichischen Wissenschaftsgeschichte. Dieses Buch bietet dem Leser eine kulturhistorisch fundierte Verfassungslehre aus empirisch angelegter, verfassungsgeschichtlicher und politikwissenschaftlich vergleichender Sicht.

Islamist Politics in the Middle East

Movements and Change
Author: Samer Said Shehata
Publisher: Routledge
ISBN: 0415783615
Category: Political Science
Page: 225
View: 9687
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For over three decades, Islamist politics, or political Islam, has been one of the most dynamic and contentious political forces in the Middle East. Although there is broad consensus on the importance of political Islam, there is far less agreement on its character, the reasons for Islamist's success, the role of Islamist movements in domestic and international affairs, or what these movements portend for the future. This volume addresses a number of central questions in the study of Islamist politics in the Middle East through detailed case studies of some of the region's most important Islamist movements. Chapters by leading scholars in the field examine the Egyptian Muslim Brotherhood, Hamas, Hizbullah, Morocco's Justice and Benevolence, the Jordanian Muslim Brotherhood, the Sunni Insurgency in Iraq and Islamist politics in Turkey and Iran. The topics addressed within this volume include social networks and social welfare provision, Islamist groups as opposition actors, Islamist electoral participation, the intersection of Islam and national liberation struggles, the role of religion in Islamist politics, and Islam and state politics in Iran, among other topics. All of the contributing authors are specialists with deep knowledge of the subject matter who are committed to empirically based research. These scholars take Islamists seriously as modern, sophisticated, and strategic political players. Together, their work captures much of the diversity of Islamist politics in the region and will contribute to the scholarship on a topic that continues to be important for the Middle East and the world.

Problems and Prospects of Sustaining Democracy in Nigeria


Author: Bamidele A. Ojo
Publisher: Nova Publishers
ISBN: 9781560729495
Category: Political Science
Page: 241
View: 1208
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The past few years have been very traumatic ones for many Nigerians. With the exception of those in power or close to the seat of power, the changes of 1998 were a welcome relief given the tyranny and repression that the country had suffered under General Abacha. With many people in prison and more in exile, the death of Abacha was received with a sigh of relief. Many observers have seen the resilience that has come to signify the strength and potential of this once 'giant of Africa', as well as the destruction and the socio-political and economic decay of the past decades. The Nigerian people have endured the exploitation of their rights due to the lack of democratic leadership, and with this in mind, they have been called to attention to fight for their country.

Contemporary Iran

Economy, Society, Politics
Author: Ali Gheissari
Publisher: Oxford University Press
ISBN: 9780199702855
Category: Political Science
Page: 400
View: 9361
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Iran is a key player in some of the most crucial issues of our time. But because of its relative diplomatic isolation and the partisan nature of conflicting accounts voiced by different interest groups both inside and outside the country, there is a shortage of hard information about the scale and depth of social change in today's Iran. In this volume, and imposing roster of both internationally renowned Iranian scholars and rising young Iranian academics offer contributions--many based on recent fieldwork--on the nature and evolution of Iran's economy, significant aspects of Iran's changing society, and the dynamics of its domestic and international politics since the 1979 revolution, focusing particularly on the post-Khomeini period. The book will be of great interest not only to Iran specialists, but also to scholars of comparative politics, democratization, social change, politics in the Muslim world, and Middle Eastern studies.

Worlds of Difference


Author: Said Arjomand,Elisa P Reis
Publisher: SAGE
ISBN: 1446285995
Category: Social Science
Page: 288
View: 7897
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How can differences be understood in social theory through comparisons, and how should social theory relate to regional studies to do so? This question has been prevalent within the sociological field for over a century, but is becoming increasingly important in a globalised age in which cultural borders are constantly challenged and rapidly changing. In this collection, Arjomand and Reis illuminate the importance of exploring spatial, cultural and intellectual differences beyond generalizations, attempting to understand diversity in itself as it takes shape across the world. With contributions from internationally renowned scholars, and a focussed emphasis upon sociological key themes such as modernization, citizenship, human rights, inequality and domination, this title provides a rich and convincing discussion that will add significant value to the ongoing debate about alternative modernities, diversity and change within the social sciences. Worlds of Difference constitutes an important and timely collection that will be of great inspiration for students and scholars alike.

Nigeria

Current Issues and Historical Background
Author: Martin P. Mathews
Publisher: Nova Publishers
ISBN: 9781590333167
Category: History
Page: 206
View: 342
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Nigeria seems to be in the news all of the time for something, be it regime changes, co-operation, internal strife or oil policies. The most populous country in Africa and the largest in area in the West African state, Nigeria was an early twentieth century colony that became an independent nation in 1960. A country of great diversity because of the many ethnic, linguistic, and religious groups that live within it borders, Nigeria is also a country with a long past. This book brings together current issues and a detailed historical background.

Equality in Asia-Pacific

Reality or a Contradiction in Terms?
Author: Phil C.W. Chan
Publisher: Routledge
ISBN: 1317983629
Category: Political Science
Page: 270
View: 6083
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In 1948, the United Nations General Assembly proclaimed the Universal Declaration of Human Rights, stating every human being’s right of equality in dignity and right. However, notwithstanding recognition by the international community of its importance and codification in numerous national and sub-national constitutions and legislation, reinforced by various multilateral and regional human rights treaties, the right of equality continues to be unable to take complete firm hold in all regions and countries. Evidence, as presented by the insightful papers in this collection, published initially as a Special Double Issue of The International Journal of Human Rights dedicated to exploring the place of equality in Asia-Pacific societies, suggests that although progress is being made the right of equality has not yet fully materialized, both in law and in reality, in the world’s most populous region. Many factors, particularly entrenched cultural heritage and practices, the lingering effects of colonialism and newly found independence, and, above all, pervasive ignorance and prejudices, continue to impede the recognition, development and protection of equality in this region. Of course, equality, a normative right and entitlement by virtue of our humanity, has neither been fully achieved in societies outside the region. Such neo-colonial thinking in fact perpetuates and assists in the subjugation of the right of equality in the Asia-Pacific Region as a matter of relevance and concern only to Western countries. Accordingly, we hope that our discussions will also be able to shed light and generate reflections on realities outside the region as interlinked with our aim. The Editor’s book fee has been donated to the UNICEF Tsunami Fund. This book was previously published as a special issue of The International Journal of Human Rights.

Constitutionalism and the Changing World

Collected Papers
Author: C. H. McIlwain
Publisher: Cambridge University Press
ISBN: 0521077761
Category: Political Science
Page: 312
View: 2404
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This is a volume of fifteen collected papers on the history of constitutionalism and its bearing on contemporary problems

Arendtian Constitutionalism

Law, Politics and the Order of Freedom
Author: Christian Volk
Publisher: Bloomsbury Publishing
ISBN: 1509901582
Category: Law
Page: 168
View: 1019
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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

Preserving the Constitution

Essays on Politics and the Constitution in the Reconstruction Era
Author: Michael Les Benedict
Publisher: Fordham Univ Press
ISBN: 9780823225538
Category: History
Page: 314
View: 8940
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"Americans' ideas about constitutional liberty played a crucial role in the history of Reconstruction. They provided the basis for the Republican program of equal rights; ironically, they also set the limits to that program and reduced the prospects for its success. Americans were as concerned with preserving the Constitution as they were with changing it to protect liberty and equal rights. These two commitments were in profound tension. The question was how one could change the constitutional system to fulfill the promise of the Declaration of Independence--to entrench a republic dedicated to liberty instead of slavery--and yet preserve the essentials of federalism and local democracy. Almost 150 years later we still struggle with these problems." --Michael Les Benedict, from the Introduction Historians and legal scholars continue to confront the failure of Reconstruction, exploring the interaction of pervasive racism with widespread commitments to freedom and equality. In this important book, one of America's leading historians confronts the constitutional politics of the period from the end of the Civil War until 1877. Benedict updates ten of his classic essays that explore the way Republicans tried to replace the slaveholding republic with a nation dedicated to freedom and equality of basic legal and political rights--and how Americans' constitutional commitments, and those of Republicans themselves, limited reform. Expertly bridging legal, political, party history, the essays explore the fate of the Thirteenth, Fourteenth, and Fifteenth Amendments, as well as the struggle between President and Congress over the course of Reconstruction. Brought together for the first time with a new introduction, and revised to reflect emerging scholarship, the essays are essential points of departure for students and scholars in history, law, and political science.

A New Constitutionalism

Designing Political Institutions for a Good Society
Author: Stephen L. Elkin,Karol Edward Soltan
Publisher: University of Chicago Press
ISBN: 9780226204642
Category: Philosophy
Page: 240
View: 4672
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In The New Constitutionalism, seven distinguished scholars develop an innovative perspective on the power of institutions to shape politics and political life. Believing that constitutionalism needs to go beyond the classical goal of limiting the arbitrary exercise of political power, the contributors argue that it should—and can—be designed to achieve economic efficiency, informed democratic control, and other valued political ends. More broadly, they believe that political and social theory needs to turn away from the negativism of critical theory to consider how a good society should be "constituted" and to direct the work of designing institutions that can constitute a "good polity," in both the economic and civic senses. Stephen L. Elkin and Karol Edward Soltan begin with an overview of constitutionalist theory and a discussion of the new constitutionalism within the broader intellectual and historical context of political and social thought. Charles Anderson, James Ceaser, and the editors then offer different interpretations of the central issues regarding institutional design in a constitutionalist social science, consider various ways of performing the task, and discuss the inadequacy of recent political science to the job it ought to be doing. The book concludes with essays by Ted Lowi, Cass Sunstein and Edwin Haefele which apply these themes to the American regime.

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
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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.

European Constitutionalism Beyond the State


Author: Marlene Wind
Publisher: Cambridge University Press
ISBN: 9780521796712
Category: Law
Page: 244
View: 5214
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Some of the most innovative scholars in the field of European constitutionalism come together in this book to highlight different facets of the new constitutional discussion. Provoking deep analysis of the different ideas of constitution and cons titutionalism, it delineates new ways of thinking about the future of Europe. In particular, it aims to challenge the idea of the European Union as an evolving federal polity. This book will appeal to anyone interested in the timely subject of constitutionalism including student and practitioners of law, politics and philosophy.

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: 1418
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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.

The Presidency and Political Science: Paradigms of Presidential Power from the Founding to the Present: 2014

Paradigms of Presidential Power from the Founding to the Present
Author: Raymond Tatalovich,Steven E Schier
Publisher: Routledge
ISBN: 1317455177
Category: Political Science
Page: 320
View: 9400
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This history of presidential studies surveys the views of leading thinkers and scholars about the constitutional powers of the highest office in the land from the founding to the present.

Four Pillars of Constitutionalism

The Organic Laws of the United States
Author: Richard Howard Cox
Publisher: N.A
ISBN: N.A
Category: Law
Page: 142
View: 7742
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This book brings together for the first time in a single volume the four primary documents that, since 1878, have formed a type of "preamble" to the revised United States Code: the Declaration of Independence, the Articles of Confederation, the Northwest Ordinance, and the Constitution.