Constitutional Government in Sri Lanka

Constitutional Government in Sri Lanka PDF Author: L. J. Mark Cooray
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 424

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Book Description
Study covers the period 1796-1977.

Constitutions, Religion and Politics in Asia

Constitutions, Religion and Politics in Asia PDF Author: Dian A. H. Shah
Publisher: Cambridge University Press
ISBN: 1107183340
Category : History
Languages : en
Pages : 307

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Book Description
Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

Buddhism, Politics and the Limits of Law

Buddhism, Politics and the Limits of Law PDF Author: Benjamin Schonthal
Publisher: Cambridge University Press
ISBN: 1107152232
Category : Law
Languages : en
Pages : 319

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Book Description
Examining Sri Lanka's religious and legal pasts, this is the first extended study of Buddhism and constitutional law.

The Nineteenth Amendment to the Constitution

The Nineteenth Amendment to the Constitution PDF Author: Asanga Welikala
Publisher:
ISBN: 9789554746657
Category :
Languages : en
Pages : 308

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Book Description


Sri Lanka, Human Rights and the United Nations

Sri Lanka, Human Rights and the United Nations PDF Author: Thamil Venthan Ananthavinayagan
Publisher: Springer
ISBN: 9811373507
Category : Law
Languages : en
Pages : 281

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Book Description
This book examines the engagement between the United Nations’ human rights machinery and the respective governments since Sri Lanka (then Ceylon) joined the United Nations. Sri Lanka has a long and rich history of engagement with international human rights instruments. However, despite its active membership in the UN, the country’s post-colonial trials and tribulations are emblematic of the limited influence the international organisation has exerted on this country in the Global South. Assessing the impact of this international engagement on the country’s human rights infrastructure and situation, the book outlines Sri Lanka’s colonial and post-colonial development. It then considers the development of a domestic human rights infrastructure in the country. It also examines and analyzes Sri Lanka’s engagement with the UN’s treaty-based and charter-based human rights bodies, before offering conclusions concerning the impact of said engagement. The book offers an innovative approach to gauging the impact of international human rights engagement, while also taking into account the colonial and post-colonial imperatives that have partly dictated governmental behaviour. By doing so, the book seeks to combine and analyse international human rights law, post-colonial critique, studies on biopower, and critical approaches to international law. It will be a useful resource not only for scholars of international law, but also for practitioners and activists working in this area.

Against Constitutionalism

Against Constitutionalism PDF Author: Martin Loughlin
Publisher: Harvard University Press
ISBN: 0674268024
Category : LAW
Languages : en
Pages : 273

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Book Description
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.

Constitutional Government in Sri Lanka

Constitutional Government in Sri Lanka PDF Author: L. J. Mark Cooray
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 438

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Book Description
Study covers the period 1796-1977.

Unstable Constitutionalism

Unstable Constitutionalism PDF Author: Mark Tushnet
Publisher: Cambridge University Press
ISBN: 1107068959
Category : Law
Languages : en
Pages : 415

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

State of Permanent Crisis

State of Permanent Crisis PDF Author: Asanga Welikala
Publisher:
ISBN: 9789551655501
Category : State of siege
Languages : en
Pages : 264

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Book Description


On Reading the Constitution

On Reading the Constitution PDF Author: Laurence H. TRIBE
Publisher: Harvard University Press
ISBN: 0674044452
Category : Political Science
Languages : en
Pages : 157

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Book Description
Our Constitution speaks in general terms of liberty and property, of the privileges and immunities of citizens, and of the equal protection of the laws--open-ended phrases that seem to invite readers to reflect in them their own visions and agendas. Yet, recognizing that the Constitution cannot be merely what its interpreters wish it to be, this volume's authors draw on literary and mathematical analogies to explore how the fundamental charter of American government should be construed today.

Constitutional Construction

Constitutional Construction PDF Author: Keith E. Whittington
Publisher: Harvard University Press
ISBN: 0674045157
Category : Law
Languages : en
Pages : 315

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Book Description
This book argues that the Constitution has a dual nature. The first aspect, on which legal scholars have focused, is the degree to which the Constitution acts as a binding set of rules that can be neutrally interpreted and externally enforced by the courts against government actors. This is the process of constitutional interpretation. But according to Keith Whittington, the Constitution also permeates politics itself, to guide and constrain political actors in the very process of making public policy. In so doing, it is also dependent on political actors, both to formulate authoritative constitutional requirements and to enforce those fundamental settlements in the future. Whittington characterizes this process, by which constitutional meaning is shaped within politics at the same time that politics is shaped by the Constitution, as one of construction as opposed to interpretation. Whittington goes on to argue that ambiguities in the constitutional text and changes in the political situation push political actors to construct their own constitutional understanding. The construction of constitutional meaning is a necessary part of the political process and a regular part of our nation's history, how a democracy lives with a written constitution. The Constitution both binds and empowers government officials. Whittington develops his argument through intensive analysis of four important cases: the impeachments of Justice Samuel Chase and President Andrew Johnson, the nullification crisis, and reforms of presidential-congressional relations during the Nixon presidency.