Bills of Rights and Decolonization

Bills of Rights and Decolonization PDF Author: Charles Parkinson
Publisher: Oxford University Press
ISBN: 0199231931
Category : History
Languages : en
Pages : 314

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Book Description
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.

Bills of Rights and Decolonization

Bills of Rights and Decolonization PDF Author: Charles Parkinson
Publisher: Oxford University Press
ISBN: 0199231931
Category : History
Languages : en
Pages : 314

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Book Description
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.

Constitutional Developments Since Independence

Constitutional Developments Since Independence PDF Author: Indian Law Institute
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 726

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Book Description
Papers.

Constitutional and Political History of Pakistan

Constitutional and Political History of Pakistan PDF Author: Hamid Khan
Publisher: Oxford University Press, USA
ISBN: 9780199407828
Category : Law
Languages : en
Pages : 902

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Book Description
It has been seven decades since the independent state of Pakistan was carved out of British India, yet the country is still in pursuit of a suitable constitutional framework. Over this period of time, no other country has experimented with so many different constitutional forms, from parliamentary democracy to presidential form of government, to outright military regimes. This book analyses constitutional development in Pakistan from its inception to present times. It provides a case-by-case account of constitution-making in Pakistan, with the inclusion of all pertinent documentation. Constitutional developments have been explained in the context of social and political events that shaped them. The book focuses on constitutional and political history, and constitutional development concurrently. It includes a liberal humanitarian reading of the travails of lawmakers and the role of generals, judges, politicians, and bureaucrats in the implementation of law. Students of law, political science, and history, as well as lawyers, judges, and professors will find this book of particular value. Being grounded in a socio-political context, this book is also of interest to the general reader. The third edition is updated to cover the constitutional and political developments up until 2013.

The Constitution of India

The Constitution of India PDF Author: Arun K Thiruvengadam
Publisher: Bloomsbury Publishing
ISBN: 1849468702
Category : Law
Languages : en
Pages : 291

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Book Description
This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.

Constitutionalism

Constitutionalism PDF Author: Charles Howard McIlwain
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775505
Category : Constitutional history
Languages : en
Pages : 172

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Book Description
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.

Constituting Empire

Constituting Empire PDF Author: Daniel J. Hulsebosch
Publisher: Univ of North Carolina Press
ISBN: 0807876879
Category : Law
Languages : en
Pages : 505

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Book Description
According to the traditional understanding of American constitutional law, the Revolution produced a new conception of the constitution as a set of restrictions on the power of the state rather than a mere description of governmental roles. Daniel J. Hulsebosch complicates this viewpoint by arguing that American ideas of constitutions were based on British ones and that, in New York, those ideas evolved over the long eighteenth century as New York moved from the periphery of the British Atlantic empire to the center of a new continental empire. Hulsebosch explains how colonists and administrators reconfigured British legal sources to suit their needs in an expanding empire. In this story, familiar characters such as Alexander Hamilton and James Kent appear in a new light as among the nation's most important framers, and forgotten loyalists such as Superintendent of Indian Affairs Sir William Johnson and lawyer William Smith Jr. are rightly returned to places of prominence. In his paradigm-shifting analysis, Hulsebosch captures the essential paradox at the heart of American constitutional history: the Revolution, which brought political independence and substituted the people for the British crown as the source of legitimate authority, also led to the establishment of a newly powerful constitution and a new postcolonial genre of constitutional law that would have been the envy of the British imperial agents who had struggled to govern the colonies before the Revolution.

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes PDF Author: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107047668
Category : Law
Languages : en
Pages : 283

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Book Description
This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

A More Perfect Union

A More Perfect Union PDF Author:
Publisher: National Archives & Records Administration
ISBN:
Category : Political Science
Languages : en
Pages : 40

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Book Description
Reprint. Originally published : Washington, D.C. : National Archives Trust Fund Board, 1978.

Ghana, Political and Constitutional Developments

Ghana, Political and Constitutional Developments PDF Author: Tapan Prasad Biswal
Publisher: Northern Book Centre
ISBN: 9788172110291
Category : Constitutional history
Languages : en
Pages : 268

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Book Description
Ghana, the torch bearer of African Independence from the yoke of colonial bondage, has been pushed to the background from its earlier pre-eminent position in international as well as African affairs. Since independence, Ghana has experienced diverse forms of Government and has almost run out of models for governing herself. Instead of providing leadership to the underdeveloped countries of Africa, Ghana is busy in its quest for evolving a stable and workable political system. In its effort to evolve a stable political system and an operational constitution capable of providing steady economic progress and social upliftment. Ghana has experimented west-minister style parliamentary system, a Single Party Republic and many military regimes following coups and counter coups. Like many of the developing states of Africa, Ghana has been plagued with post-independence political instability. Civilians as well as military governments have been installed with initial enthusiasm but so far none has been able to solve the pressing problems. In fact the quest for a permanent solution to what appears a persistent governmental crisis, has invited many coups and counter coups. It addresses and analyses the maladies that has afflicted the Ghanaian body politic.

Caribbean Constitutional Reform

Caribbean Constitutional Reform PDF Author: Simeon C. R. McIntosh
Publisher: Ian Randle Publishers
ISBN: 9789768167286
Category : Law
Languages : en
Pages : 0

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Book Description
"This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region's constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region's political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of 'lawful devolution of sovereignty' and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a 'new constitutional discourse' shaped by a Caribbean court of final appeal. "