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Author: Vicki Hsueh
Publisher: Duke University Press
ISBN: 0822391619
Category : Political Science
Languages : en
Pages : 206
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Book Description
In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.
Author: Vicki Hsueh
Publisher: Duke University Press
ISBN: 0822391619
Category : Political Science
Languages : en
Pages : 206
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Book Description
In Hybrid Constitutions, Vicki Hsueh contests the idea that early-modern colonial constitutions were part of a uniform process of modernization, conquest, and assimilation. Through detailed analyses of the founding of several seventeenth-century English proprietary colonies in North America, she reveals how diverse constitutional thought and practice were at the time, and how colonial ambitions were advanced through cruelty toward indigenous peoples as well as accommodation of them. Proprietary colonies were governed by individuals (or small groups of individuals) granted colonial charters by the Crown. These proprietors had quasi-sovereign status over their colonies; they were able to draw on and transform English legal and political instruments as they developed constitutions. Hsueh demonstrates that the proprietors cobbled together constitutions based on the terms of their charters and the needs of their settlements. The “hybrid constitutions” they created were often altered based on interactions among the English settlers, other European settlers, and indigenous peoples. Hsueh traces the historical development and theoretical implications of proprietary constitutionalism by examining the founding of the colonies of Maryland, Carolina, and Pennsylvania. She provides close readings of colonial proclamations, executive orders, and assembly statutes, as well as the charter granting Cecilius Calvert the colony of Maryland in 1632; the Fundamental Constitutions of Carolina, adopted in 1669; and the treaties brokered by William Penn and various Lenni Lenape and Susquehannock tribes during the 1680s and 1690s. These founding documents were shaped by ambition, contingency, and limited resources; they reflected an ambiguous and unwieldy colonialism rather than a purposeful, uniform march to modernity. Hsueh concludes by reflecting on hybridity as a rubric for analyzing the historical origins of colonialism and reconsidering contemporary indigenous claims in former settler colonies such as Australia, New Zealand, and the United States.
Author: Eric C. Ip
Publisher: Cambridge University Press
ISBN: 110719492X
Category : Law
Languages : en
Pages : 301
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Book Description
Examines the political dynamics of constitutional review in hybrid regimes in the context of China's Special Administrative Regions.
Author: Linda Colley
Publisher: Liveright Publishing
ISBN: 1631498355
Category : History
Languages : en
Pages : 547
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Book Description
Best Books of the Year: Financial Times, The Economist Book of the Year: The Leaflet (International Forum on the Future of Constitutionalism) Longlisted for the Cundill History Prize Profiled in The New Yorker New York Times Book Review • Editors’ Choice Vivid and magisterial, The Gun, the Ship, and the Pen reconfigures the rise of a modern world through the advent and spread of written constitutions. A work of extraordinary range and striking originality, The Gun, the Ship, and the Pen traces the global history of written constitutions from the 1750s to the twentieth century, modifying accepted narratives and uncovering the close connections between the making of constitutions and the making of war. In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world. She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel. Colley shows how—while advancing epic revolutions and enfranchising white males—constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone—inspired by the American Civil War—devised plans for self-governing nations in West Africa; and how Japan’s Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers. Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that—with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels—retells the story of constitutional government and the evolution of ideas of what it means to be modern.
Author: Eric C. Ip
Publisher: Cambridge University Press
ISBN: 1108168825
Category : Law
Languages : en
Pages : 301
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Book Description
This is the first book that focuses on the entrenched, fundamental divergence between the Hong Kong Court of Final Appeal and Macau's Tribunal de Última Instância over their constitutional jurisprudence, with the former repeatedly invalidating unconstitutional legislation with finality and the latter having never challenged the constitutionality of legislation at all. This divergence is all the more remarkable when considered in the light of the fact that the two Regions, commonly subject to oversight by China's authoritarian Party-state, possess constitutional frameworks that are nearly identical; feature similar hybrid regimes; and share a lot in history, ethnicity, culture, and language. Informed by political science and economics, this book breaks new ground by locating the cause of this anomaly, studied within the universe of authoritarian constitutionalism, not in the common law-civil law differences between these two former European dependencies, but the disparate levels of political transaction costs therein.
Author:
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 1096
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Book Description
Author: Robinson Woodward-Burns
Publisher: Yale University Press
ISBN: 0300258283
Category : Political Science
Languages : en
Pages : 368
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Book Description
How state constitutional reform guides and stabilizes American constitutional and political development State constitution reform guides and stabilizes American constitutional and political development. Using data sets and historical case studies, Robinson Woodward†‘Burns shows how the federal government has repeatedly deferred to state constitutional reform to manage or address difficult national constitutional controversies, including conflicts over the regulation of slavery, banking and taxation, women’s suffrage, labor and welfare rights, voting and civil rights, and gender discrimination.
Author: Ran Hirschl
Publisher: Harvard University Press
ISBN: 0674048199
Category : Law
Languages : en
Pages : 315
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Book Description
Ran Hirschl undertakes a rigorous comparative analysis of religion-and-state jurisprudence from dozens of countries worldwide to explore the evolving role of constitutional law and courts in a non-secularist world. --from publisher description.
Author: Zachary Elkins
Publisher: Cambridge University Press
ISBN: 0521515505
Category : Law
Languages : en
Pages : 271
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Book Description
Based on original historical data, this book shows that key changes in design can extend constitutional life.
Author: Walter F. Murphy
Publisher: Johns Hopkins University Press
ISBN: 9780801891076
Category : Political Science
Languages : en
Pages : 0
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Book Description
Winner, 2007 Best of the Social Sciences, Professional and Scholarly Publishing Division of the Association of American Publishers Constitutional democracy is a political hybrid, the product of an uneasy union between, on the one hand, the normative theories of constitutionalism and democracy and, on the other, the desire to live under what James Madison called "free government." In this engaging and provocative work, Walter F. Murphy combines a lifetime's study of constitutions and democracy with traditional storytelling to answer fundamental questions about constitutional democracy: How is it created? How is it maintained? How can it be adapted to changing circumstances? Murphy begins with a definitional section on constitutions, constitutional texts, constitutionalism, and democracy. Next, he tells the story of how a democracy is established within the context of a fictional constitutional convention for a fictional country. He follows delegates—many of whose arguments track those of real-life political, economic, and legal theorists—as they debate and draft the components of a constitution. Here, the reader comes to understand and appreciate the components of a constitutional text and the contingency and potential of the constitution-making process. Murphy then offers an expository analysis of constitutional maintenance, adaptation, and, essentially, constitutional change.
Author: Christopher Gustavus Tiedeman
Publisher: New York : G.P. Putnam's sons
ISBN:
Category : Constitutional law
Languages : en
Pages : 192
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Book Description
