The Constitutional Law and Politics of Ethnic Accommodation

The Constitutional Law and Politics of Ethnic Accommodation PDF Author: Bashir Mobasher
Publisher:
ISBN: 9780367715441
Category : Constitutional law
Languages : en
Pages : 0

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Book Description
"This book explores whether the legal and political institutions of Afghanistan have been able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in literature on institutional design and democratic consolidation. However, some divided societies are more explored than others and Afghanistan is one that is critically important for our theories of institutional design in a democratizing, plural society. The work examines the constitution and those provisions of electoral laws and political party laws that together have devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions have failed to fully accommodate ethnic groups in the political process. It adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces. Taken together, this approach yields insights about the boundaries and interactions of institutional design. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics"--

The Constitutional Law and Politics of Ethnic Accommodation

The Constitutional Law and Politics of Ethnic Accommodation PDF Author: Bashir Mobasher
Publisher:
ISBN: 9780367715441
Category : Constitutional law
Languages : en
Pages : 0

Get Book Here

Book Description
"This book explores whether the legal and political institutions of Afghanistan have been able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in literature on institutional design and democratic consolidation. However, some divided societies are more explored than others and Afghanistan is one that is critically important for our theories of institutional design in a democratizing, plural society. The work examines the constitution and those provisions of electoral laws and political party laws that together have devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions have failed to fully accommodate ethnic groups in the political process. It adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces. Taken together, this approach yields insights about the boundaries and interactions of institutional design. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics"--

Constitutional Law and the Politics of Ethnic Accommodation

Constitutional Law and the Politics of Ethnic Accommodation PDF Author: Bashir Mobasher
Publisher: Taylor & Francis
ISBN: 1003806147
Category : Law
Languages : en
Pages : 150

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Book Description
This book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided societies are more explored than others, and Afghanistan is one understudied country that is critically important for testing and improving our theories of institutional design in a democratizing, plural society. This work examines the Constitution of 2004 and those provisions of electoral laws and political party laws that together devised Afghan political institutions including those of the presidential system, unitary government, electoral systems as well as the party system. It argues that due to their incongruence in design and effects, the Afghan political institutions failed to fully accommodate ethnic groups in the political process. This book adopts a holistic approach, while also paying careful attention to the details of each of the individual pieces of political institutions designed by the Constitution of 2004. Taken together, this approach yields insights into the boundaries and interactions of institutional design and how their interactions hinder or advance ethnic accommodation in varying contexts. The book will be essential reading for academics, researchers and policy makers interested in constitutional law and politics.

Constitutional Design for Divided Societies

Constitutional Design for Divided Societies PDF Author: Sujit Choudhry
Publisher: Oxford University Press on Demand
ISBN: 0199535418
Category : Law
Languages : en
Pages : 491

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Book Description
How should constitutions respond to the challenges raised by ethnic, linguistic, religious, and cultural differences? In this volume, leading scholars of constitutional law, comparative politics and political theory address this debate at a conceptual level, as well as through numerous country case-studies.

Constitutionalism and the Politics of Accommodation in Multinational Democracies

Constitutionalism and the Politics of Accommodation in Multinational Democracies PDF Author: Jaime Lluch
Publisher: Springer
ISBN: 113728899X
Category : Political Science
Languages : en
Pages : 208

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Book Description
This collection argues that although constitutionalism has traditionally been the primary mechanism for facilitating the mutual accommodation of sub-state and state national societies in plurinational states.

Constitutional Crowdsourcing

Constitutional Crowdsourcing PDF Author: Abat i Ninet, Antoni
Publisher: Edward Elgar Publishing
ISBN: 1786430517
Category : Law
Languages : en
Pages : 192

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Book Description
Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.

The Politics of Legal Expertise in EU Policy-making

The Politics of Legal Expertise in EU Policy-making PDF Author: Päivi Leino-Sandberg
Publisher:
ISBN: 9781108828437
Category :
Languages : en
Pages : 0

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Book Description


Constitutional Imaginaries

Constitutional Imaginaries PDF Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1000456099
Category : Law
Languages : en
Pages : 176

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Book Description
This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.

Routledge Handbook of Comparative Constitutional Change

Routledge Handbook of Comparative Constitutional Change PDF Author: Xenophon Contiades
Publisher: Routledge
ISBN: 1351020978
Category : Law
Languages : en
Pages : 469

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Book Description
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Constitutionalism in Context

Constitutionalism in Context PDF Author: David S. Law
Publisher:
ISBN: 1108674267
Category : Law
Languages : en
Pages : 612

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Book Description
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.

The Rights of Minorities and Their Political Participation. The Case of Komo in Gambella-Ethiopia

The Rights of Minorities and Their Political Participation. The Case of Komo in Gambella-Ethiopia PDF Author: Nardos Hawaz
Publisher:
ISBN: 9783668552876
Category :
Languages : en
Pages : 20

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Book Description
Research Paper (undergraduate) from the year 2015 in the subject Politics - Didactics, Political Education, Addis Ababa University (Center for Federal Studies), course: Human Rights, language: English, abstract: It is a great opportunity for citizens of all countries to have the rights they deserve, and being equal before the law. Sub nationalities and divisions in numbers do not require or increase their privileges. In many ways, citizenship and public rights varies from country to country as a result of their numbers (majority) or being indigenous. In this regard, the minority in the country is not given much attention to democratic rights. They do not establish their own state, they may not use their language and are dependent on their political involvement. To address this problem, it is a federal and regional state recognized by the constitution of FDRE and the regions that have been the most responsible for the establishment of their own state. In other words, the region has assumed its constitutional right to enact these laws. In this article, however, the Gambela People's National state had formed with five ethnic groups and the political participation of minorities are acknowledged. Based on this knowledge, the Komo people political and social involvement and the regional government accommodation will be inscribed.