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Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 904742784X
Category : Political Science
Languages : en
Pages : 401
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Book Description
The themes of nation-building, post-colonial modernization and constitution-making, post-communist return to the rule of law and constitutional reconstruction, the global expansion of judicial power and judicial activism by the constitutional courts are usually studied by different specialists with somewhat narrow foci. This book is a unique and ambitious interdisciplinary attempt at the integration of these related fields, and offers a timely theoretical synthesis of the most important global constitutional trends in the last half-century. These essays by prominent authorities on different subjects and geographical areas offer a comprehensive, comparative view of the most important constitutional developments of two eras, bringing together the transplantation of the constitutional pattern of the nation-state and the current wave of globalization of constitutionalism and the rule of law. Contributors are: S.A.Arjomand, Nathan J. Brown, Ruth Gavison, Julian Go, Keyvan Tabari, Heinz Klug, Jill Cottrell, Yash Ghai, László Sólyom, Jacek Kurczewski, Anders Fogelklou, Grażyna Skąpska, Dieter Grimm, Kim Lane Scheppele, Ruth Rubio Marín , and Dicle Kogacioğlu.
Author: Saïd Amir Arjomand
Publisher: BRILL
ISBN: 904742784X
Category : Political Science
Languages : en
Pages : 401
Get Book
Book Description
The themes of nation-building, post-colonial modernization and constitution-making, post-communist return to the rule of law and constitutional reconstruction, the global expansion of judicial power and judicial activism by the constitutional courts are usually studied by different specialists with somewhat narrow foci. This book is a unique and ambitious interdisciplinary attempt at the integration of these related fields, and offers a timely theoretical synthesis of the most important global constitutional trends in the last half-century. These essays by prominent authorities on different subjects and geographical areas offer a comprehensive, comparative view of the most important constitutional developments of two eras, bringing together the transplantation of the constitutional pattern of the nation-state and the current wave of globalization of constitutionalism and the rule of law. Contributors are: S.A.Arjomand, Nathan J. Brown, Ruth Gavison, Julian Go, Keyvan Tabari, Heinz Klug, Jill Cottrell, Yash Ghai, László Sólyom, Jacek Kurczewski, Anders Fogelklou, Grażyna Skąpska, Dieter Grimm, Kim Lane Scheppele, Ruth Rubio Marín , and Dicle Kogacioğlu.
Author: John William Burgess
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 366
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Book Description
Author: Michael Les Benedict
Publisher:
ISBN: 9780823292431
Category : HISTORY
Languages : en
Pages : 316
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Book Description
"Americans' ideas about constitutional liberty played a crucial role in the history of Reconstruction. They provided the basis for the Republican program of equal rights; ironically, they also set the limits to that program and reduced the prospects for its success. Americans were as concerned with preserving the Constitution as they were with changing it to protect liberty and equal rights. These two commitments were in profound tension. The question was how one could change the constitutional system to fulfill the promise of the Declaration of Independence--to entrench a republic dedicated to liberty instead of slavery--and yet preserve the essentials of federalism and local democracy. Almost 150 years later we still struggle with these problems." --Michael Les Benedict, from the Introduction Historians and legal scholars continue to confront the failure of Reconstruction, exploring the interaction of pervasive racism with widespread commitments to freedom and equality. In this important book, one of America's leading historians confronts the constitutional politics of the period from the end of the Civil War until 1877. Benedict updates ten of his classic essays that explore the way Republicans tried to replace the slaveholding republic with a nation dedicated to freedom and equality of basic legal and political rights--and how Americans' constitutional commitments, and those of Republicans themselves, limited reform. Expertly bridging legal, political, party history, the essays explore the fate of the Thirteenth, Fourteenth, and Fifteenth Amendments, as well as the struggle between President and Congress over the course of Reconstruction. Brought together for the first time with a new introduction, and revised to reflect emerging scholarship, the essays are essential points of departure for students and scholars in history, law, and political science.
Author: Michael Les Benedict
Publisher: Reconstructing America
ISBN: 9780823225545
Category : History
Languages : en
Pages : 314
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Book Description
"Americans' ideas about constitutional liberty played a crucial role in the history of Reconstruction. They provided the basis for the Republican program of equal rights; ironically, they also set the limits to that program and reduced the prospects for its success. Americans were as concerned with preserving the Constitution as they were with changing it to protect liberty and equal rights. These two commitments were in profound tension. The question was how one could change the constitutional system to fulfill the promise of the Declaration of Independence--to entrench a republic dedicated to liberty instead of slavery--and yet preserve the essentials of federalism and local democracy. Almost 150 years later we still struggle with these problems." --Michael Les Benedict, from the Introduction Historians and legal scholars continue to confront the failure of Reconstruction, exploring the interaction of pervasive racism with widespread commitments to freedom and equality. In this important book, one of America's leading historians confronts the constitutional politics of the period from the end of the Civil War until 1877. Benedict updates ten of his classic essays that explore the way Republicans tried to replace the slaveholding republic with a nation dedicated to freedom and equality of basic legal and political rights--and how Americans' constitutional commitments, and those of Republicans themselves, limited reform. Expertly bridging legal, political, party history, the essays explore the fate of the Thirteenth, Fourteenth, and Fifteenth Amendments, as well as the struggle between President and Congress over the course of Reconstruction. Brought together for the first time with a new introduction, and revised to reflect emerging scholarship, the essays are essential points of departure for students and scholars in history, law, and political science.
Author: Edward McPherson
Publisher:
ISBN:
Category : Reconstruction
Languages : en
Pages : 662
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Book Description
Author: David A. J. Richards
Publisher: Princeton University Press
ISBN: 1400863562
Category : Law
Languages : en
Pages : 308
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Book Description
At stage center of the American drama, maintains David A. J. Richards, is the attempt to understand the implications of the Reconstruction Amendments--Amendments Thirteen, Fourteen, and Fifteen to the United States Constitution. Richards evaluates previous efforts to interpret the amendments and then proposes his own view: together the amendments embodied a self-conscious rebirth of America's revolutionary, rights-based constitutionalism. Building on an approach to constitutional law developed in his Toleration and the Constitution and Foundations of American Constitutionalism, Richards links history, law, and political theory. In Conscience and the Constitution, this method leads from an analysis of the Reconstruction Amendments to a broad discussion of the American constitutional system as a whole. Richards's interpretation focuses on the abolitionists and their radical commitment to the "dissenting conscience." In his view, the Reconstruction Amendments expressed not only the constitutional arguments of a particular historical period but also a general political theory developed by the abolitionists, who restructured the American political community in terms of respect for universal human rights. He argues further that the amendments make a claim on our generation to keep faith with the vision of the "founders of 1865." In specific terms he points out what such allegiance would mean in the context of present-day constitutional issues. Originally published in 1993. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author: Paul D. Moreno
Publisher: Fordham University Press
ISBN: 9780823251940
Category : History
Languages : en
Pages : 0
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Book Description
The irreducibly constitutional nature of the Civil War's prelude and legacy is the focus of this absorbing collection of nine essays by a diversity of political theorists and historians. The authors examine key constitutional developments leading up to the War, the crucial role of Abraham Lincoln's statesmanship, and how the constitutional aspects of the War and Reconstruction endured in the late 19th and early 20th centuries. This thoughtful, informative volume covers a wide range of topics: from George Washington's conception of the Union and his fears for its future to Martin Van Buren's state-centered, anti-secessionist federalism; from Lincoln's approach to citizenship for African-Americans to Woodrow Wilson's attempt to appropriate Lincoln for the goals of Progressivism. Each essay zeroes in on the constitutional causes or consequences of the War, and emphasizes how constitutional principles shape political activity. Accordingly, important figures, disputes, and judicial decisions are placed within the broader context of the constitutional system to explain how ideas and institutions, independently and in dialogue with the courts, have oriented political action and shaped events over time.
Author: Paul E. Herron
Publisher: University Press of Kansas
ISBN: 0700624376
Category : Political Science
Languages : en
Pages : 376
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Book Description
The South was not always the South. In the eighteenth and early nineteenth centuries, those below the Potomac River, for all their cultural and economic similarities, did not hold a separate political identity. How this changed, and how the South came to be a political entity that coheres to this day, emerges clearly in this book—the first comprehensive account of the Civil War Era and late nineteenth century state constitutional conventions that forever transformed southern politics. From 1860 to the turn of the twentieth century, southerners in eleven states gathered forty-four times to revise their constitutions. Framing the Solid South traces the consolidation of the southern states through these conventions in three waves of development: Secession, Reconstruction, and Redemption. Secession conventions, Paul Herron finds, did much more than dissolve the Union; they acted in concert to raise armies, write law, elect delegates to write a Confederate Constitution, ratify that constitution, and rewrite state constitutions. During Reconstruction, the national government forced the southern states to write and rewrite constitutions to permit re-entry into the Union—recognizing federal supremacy, granting voting rights to African Americans, enshrining a right to public education, and opening the political system to broader participation. Black southerners were essential participants in democratizing the region and reconsidering the nature of federalism in light of the devastation brought by proponents of states’ rights and sovereignty. Many of the changes by the postwar conventions, Herron shows, were undermined if not outright abolished in the following period, as “Redeemers” enshrined a system of weak states, the rule of a white elite, and the suppression of black rights. Southern constitution makers in all three waves were connected to each other and to previous conventions unlike any others in American history. These connections affected the content of the fundamental law and political development in the region. Southern politics, to an unusual degree, has been a product of the process Herron traces. What his book tells us about these constitutional conventions and the documents they produced is key to understanding southern history and the South today.
Author: Pamela Brandwein
Publisher: Duke University Press
ISBN: 9780822323167
Category : History
Languages : en
Pages : 292
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Book Description
Looks at the contest to construct history, focusing on competing versions of Reconstruction history supported by different factions after the Civil War. The author analyzes how the ultimately dominant version of the history won credence and how that in
Author: Timothy S. Huebner
Publisher: University Press of Kansas
ISBN: 0700624864
Category : History
Languages : en
Pages : 544
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Book Description
"This book is about the relationship between the Civil War generation and the founding generation," Timothy S. Huebner states at the outset of this ambitious and elegant overview of the Civil War era. The book integrates political, military, and social developments into an epic narrative interwoven with the thread of constitutionalism—to show how all Americans engaged the nation's heritage of liberty and constitutional government. Whether political leaders or plain folk, northerners or southerners, Republicans or Democrats, black or white, most free Americans in the mid-nineteenth century believed in the foundational values articulated in the Declaration of Independence of 1776 and the Constitution of 1787—and this belief consistently animated the nation's political debates. Liberty and Union shows, however, that different interpretations of these founding documents ultimately drove a deep wedge between North and South, leading to the conflict that tested all constitutional faiths. Huebner argues that the resolution of the Civil War was profoundly revolutionary and also inextricably tied to the issues of both slavery and sovereignty, the two great unanswered questions of the Founding era. Drawing on a vast body of scholarship as well as such sources as congressional statutes, political speeches, military records, state supreme court decisions, the proceedings of black conventions, and contemporary newspapers and pamphlets, Liberty and Union takes the long view of the Civil War era. It merges Civil War history, US constitutional history, and African American history and stretches from the antebellum era through the period of reconstruction, devoting equal attention to the Union and Confederate sides of the conflict. And its in-depth exploration of African American participation in a broader culture of constitutionalism redefines our understanding of black activism in the nineteenth century. Altogether, this is a masterly, far-reaching work that reveals as never before the importance and meaning of the Constitution, and the law, for nineteenth-century Americans.
