Constitutional Paradigms and the Stability of States

Constitutional Paradigms and the Stability of States PDF Author: Noel Cox
Publisher:
ISBN: 9781315573564
Category : Constitutional history
Languages : en
Pages : 295

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Book Description

Constitutional Paradigms and the Stability of States

Constitutional Paradigms and the Stability of States PDF Author: Noel Cox
Publisher:
ISBN: 9781315573564
Category : Constitutional history
Languages : en
Pages : 295

Get Book Here

Book Description


Constitutional Paradigms and the Stability of States

Constitutional Paradigms and the Stability of States PDF Author:
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 308

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Book Description
This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe.

Constitutional Paradigms and the Stability of States

Constitutional Paradigms and the Stability of States PDF Author: Noel Cox
Publisher: Routledge
ISBN: 1317161645
Category : Law
Languages : en
Pages : 340

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Book Description
This book examines the influence of constitutional legal paradigms upon the political stability and viability of states. It contributes to the literature in the field by focussing on how constitutional flexibility may have led to the rise of 'successful' states and to the decline of 'unsuccessful' states, by promoting stability. Divided into two parts, the book considers theories of the rise and fall of civilizations and individual states, explains the concept of hard and soft constitutions and applies this concept to different types of state models. A series of international case studies in the second part of the book identifies the key dynamics in legal, political and economic history and includes the UK, US, New Zealand and Eastern Europe.

Asymmetry, Multinationalism and Constitutional Law

Asymmetry, Multinationalism and Constitutional Law PDF Author: Maja Sahadžić
Publisher: Routledge
ISBN: 1000173208
Category : Law
Languages : en
Pages : 279

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Book Description
This book examines the link between constitutional asymmetry and multinationalism and the effects asymmetry produces on legitimacy and stability in federal and quasi-federal systems. This is done through a structured and exhaustive comparative analysis, covering states in Africa, America, Asia, and Europe. Contrary to traditional federal theory, contemporary scholars have linked constitutional asymmetry with multinational federal systems, by presenting asymmetry as a mechanism for diversity management. This book offers insights on whether and how constitutional asymmetry is linked with multinationalism and looks into the socio-economic, cultural-ideological, historical, and separatist factors that support the emergence of asymmetries. The work also provides a legal analysis of whether constitutional asymmetry is a condition or a threat to legitimacy and stability in federal systems. The book will be essential reading for academics, researchers, and policy-makers in law and political science interested in the fields of constitutional law, federal theory, multinationalism, and minorities.

The Constitutionalization of International Law

The Constitutionalization of International Law PDF Author: Jan Klabbers
Publisher: OUP Oxford
ISBN: 0191615919
Category : Law
Languages : en
Pages : 414

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Book Description
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.

Canadian Constitution in Transition

Canadian Constitution in Transition PDF Author: Richard Albert
Publisher: University of Toronto Press
ISBN: 1487523025
Category : Law
Languages : en
Pages : 417

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Book Description
The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.

Constitutional Democracy in Crisis?

Constitutional Democracy in Crisis? PDF Author: Mark A. Graber
Publisher: Oxford University Press
ISBN: 0190888997
Category : Law
Languages : en
Pages : 352

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Book Description
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."

Constitutionalism, Identity, Difference, and Legitimacy

Constitutionalism, Identity, Difference, and Legitimacy PDF Author: Michel Rosenfeld
Publisher: Duke University Press
ISBN: 9780822315162
Category : History
Languages : en
Pages : 452

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Book Description
The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

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.

Liberalism and Democracy in Myanmar

Liberalism and Democracy in Myanmar PDF Author: Roman David
Publisher: Oxford University Press
ISBN: 0192537431
Category : Political Science
Languages : en
Pages : 251

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Book Description
Historic Myanmar elections in November 2015 paved the way for an NLD government led by Aung San Suu Kyi to take office in March 2016, and saw the country deepen its graduated transition away from authoritarian rule. Nevertheless, military forces that for decades dominated national politics remain privileged in a constitutional framework designed to deliver 'discipline-flourishing democracy'. In August 2017, the military intensified its campaign of ethnic cleansing of Myanmar's Rohingya Muslim minority, and more than 750,000 refugees fled to neighbouring Bangladesh. One critical question that now confronts the fifty million people of this Southeast Asian nation is whether their push for greater democracy is strong enough to prevail over the resistance of a powerful military machine and swelling undercurrents of intolerance. What are the prospects for liberal democracy in Myanmar? This book addresses this question by examining historical conditions, constitutionalism, popular support for democracy, major political actors, group relations and tolerance, and transitional justice. To probe the meaning and purchase of key concepts it presents a rich array of evidence, including eighty-eight in-depth interviews and three waves of surveys and survey experiments conducted by the authors between 2014 and 2018, all of which are triangulated with constitutional and legal texts and reports issued locally and globally. The analysis culminates in the concept of limited liberalism, which reflects an at times puzzling blend of liberal and illiberal attitudes. The book concludes that a weakening of liberal commitments among politicians and citizens alike, allied with spreading limited liberal attitudes, casts doubt on the prospects for liberal democracy in Myanmar.