Buddhism, Politics and the Limits of Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Buddhism, Politics and the Limits of Law PDF full book. Access full book title Buddhism, Politics and the Limits of Law by Benjamin Schonthal. Download full books in PDF and EPUB format.
Author: Benjamin Schonthal
Publisher: Cambridge University Press
ISBN: 1107152232
Category : Law
Languages : en
Pages : 319
Get Book Here
Book Description
Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Author: Benjamin Schonthal
Publisher: Cambridge University Press
ISBN: 1107152232
Category : Law
Languages : en
Pages : 319
Get Book Here
Book Description
Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.
Author: Rebecca Redwood French
Publisher: Cambridge University Press
ISBN: 0521515793
Category : Law
Languages : en
Pages : 409
Get Book Here
Book Description
This volume challenges the concept of Buddhism as an apolitical religion without implications for law.
Author: Michel Rosenfeld
Publisher: OUP Oxford
ISBN: 0191640166
Category : Law
Languages : en
Pages : 1417
Get Book Here
Book Description
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
Get Book Here
Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Dian A. H. Shah
Publisher: Cambridge University Press
ISBN: 1107183340
Category : History
Languages : en
Pages : 307
Get Book Here
Book Description
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.
Author: Tom Ginsburg
Publisher: University of Chicago Press
ISBN: 022656438X
Category : Law
Languages : en
Pages : 306
Get Book Here
Book Description
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Author: Roshan de Silva Wijeyeratne
Publisher: Routledge
ISBN: 1135038341
Category : Political Science
Languages : en
Pages : 281
Get Book Here
Book Description
Nation, Constitutionalism and Buddhism in Sri Lanka offers a new perspective on contemporary debates about Sinhalese Buddhist nationalism in Sri Lanka. In this book de Silva Wijeyeratne argues forcefully that ‘Sinhalese Buddhism’ in the period prior to its engagement with the British colonial State signified a relatively unbounded (although at times boundary forming) set of practices that facilitated both the inclusion and exclusion of non-‘Buddhist’ concepts and people within a particular cosmological frame. Juxtaposing the premodern against the backdrop of colonial modernity, de Silva Wijeyeratne tells us that in contrast modern 'Sinhalese Buddhism/nationalism' is a much more reified and bounded concept, one imagined through a 19th century epistemology whose purpose was not so much inclusion, but a much more radical exclusion of non-‘Buddhist’ ideas and people. In this insightful analysis modern Sinhalese Buddhist nationalism, then, emerges through the conjunction of discourse, power and knowledge at a distinct moment in the trajectory of the colonial State. An intrinsic feature of this modernist moment is that premodern categories (such as the cosmic order) were subject to a bureaucratic re-valuation that generated profound consequences for State-society relations and the wider constitutional/legal imaginary. This book goes onto explore how key constitutional and nation-building moments were framed within the cultural milieu of modern Sinhalese Buddhist nationalism – a nationalism that reveals the power of a re-valued Buddhist cosmic order to still inform the present. Given the intensification of the Sinhalese Buddhist nationalist project following the defeat of the Tamil Tigers in 2009, this book is of interest to scholars of nationalism, South Asian studies, the anthropology of ritual, and comparative legal history.
Author: Víctor Ferreres Comella
Publisher: Yale University Press
ISBN: 0300148682
Category : Law
Languages : en
Pages : 254
Get Book Here
Book Description
Víctor Ferreres Comella contrasts the European 'centralised' constitutional court model, in which one court system is used to adjudicate constitutional questions, with a decentralised model such as that of the United States, in which courts deal with both constitutional and non-constitutional questions.
Author: Anya Bernstein
Publisher: University of Chicago Press
ISBN: 022607269X
Category : Social Science
Languages : en
Pages : 277
Get Book Here
Book Description
Religious Bodies Politic examines the complex relationship between transnational religion and politics through the lens of one cosmopolitan community in Siberia: Buryats, who live in a semiautonomous republic within Russia with a large Buddhist population. Looking at religious transformation among Buryats across changing political economies, Anya Bernstein argues that under conditions of rapid social change—such as those that accompanied the Russian Revolution, the Cold War, and the fall of the Soviet Union—Buryats have used Buddhist “body politics” to articulate their relationship not only with the Russian state, but also with the larger Buddhist world. During these periods, Bernstein shows, certain people and their bodies became key sites through which Buryats conformed to and challenged Russian political rule. She presents particular cases of these emblematic bodies—dead bodies of famous monks, temporary bodies of reincarnated lamas, ascetic and celibate bodies of Buddhist monastics, and dismembered bodies of lay disciples given as imaginary gifts to spirits—to investigate the specific ways in which religion and politics have intersected. Contributing to the growing literature on postsocialism and studies of sovereignty that focus on the body, Religious Bodies Politic is a fascinating illustration of how this community employed Buddhism to adapt to key moments of political change.
Author: Ran Hirschl
Publisher:
ISBN: 0198714513
Category : Law
Languages : en
Pages : 317
Get Book Here
Book Description
Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.
