Patterns of Constitutional Design

Patterns of Constitutional Design PDF Author: Dr Fernando Mendez
Publisher: Ashgate Publishing, Ltd.
ISBN: 147240775X
Category : Political Science
Languages : en
Pages : 303

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Book Description
To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

Patterns of Constitutional Design

Patterns of Constitutional Design PDF Author: Dr Fernando Mendez
Publisher: Ashgate Publishing, Ltd.
ISBN: 147240775X
Category : Political Science
Languages : en
Pages : 303

Get Book Here

Book Description
To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

Patterns of Constitutional Design

Patterns of Constitutional Design PDF Author: Jonathan Wheatley
Publisher: Routledge
ISBN: 1317083040
Category : Political Science
Languages : en
Pages : 215

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Book Description
To what extent does the constitution-making process matter? By focusing on three central aspects of constitution-making; the nature of the constitution-making body, how it reaches decisions and the way in which a new constitution is legitimized and by examining a wide range of case studies, this international collection from expert contributors provides answers to this crucial question. Bridging the gap between law and political science this book draws together divergent research on the role of constitution making in conflict resolution, constitutional law and democratization and employs a wide variety of qualitative and quantitative methods to unfold and explore the political frameworks of the states affected. Comparative analysis is used to investigate potential causal chains between constitution-making processes and their outcomes in terms of stability, conflict resolution and democracy. By focusing on both procedure and context, the book explores the impact of constitution-making procedures in new and established states and unions in Europe, South America and Africa.

Borrowing Constitutional Designs

Borrowing Constitutional Designs PDF Author: Cindy Skach
Publisher: Princeton University Press
ISBN: 1400832624
Category : Political Science
Languages : en
Pages : 168

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Book Description
After the collapse of communism, some thirty countries scrambled to craft democratic constitutions. Surprisingly, the constitutional model they most often chose was neither the pure parliamentary model found in most of Western Europe at the time, nor the presidential model of the Americas. Rather, it was semi-presidentialism--a rare model known more generally as the "French type." This constitutional model melded elements of pure presidentialism with those of pure parliamentarism. Specifically, semi-presidentialism combined a popularly elected head of state with a head of government responsible to a legislature. Borrowing Constitutional Designs questions the hasty adoption of semi-presidentialism by new democracies. Drawing on rich case studies of two of the most important countries for European politics in the twentieth century--Weimar Germany and the French Fifth Republic--Cindy Skach offers the first theoretically focused, and historically grounded, analysis of semi-presidentialism and democracy. She demonstrates that constitutional choice matters, because under certain conditions, semi-presidentialism structures incentives that make democratic consolidation difficult or that actually contribute to democratic collapse. She offers a new theory of constitutional design, integrating insights from law and the social sciences. In doing so, Skach challenges both democratic theory and democratic practice. This book will be welcomed not only by scholars and practitioners of constitutional law but also by those in fields such as comparative politics, European politics and history, and international and public affairs.

Democratic Constitutional Design and Public Policy

Democratic Constitutional Design and Public Policy PDF Author: Roger D. Congleton
Publisher:
ISBN: 9780262033497
Category : Comparative government
Languages : en
Pages : 0

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Book Description
Papers originally presented at a conference sponsored by the Center for Business and Policy Studies--Acknowlegments.

Making Constitutions

Making Constitutions PDF Author: Gabriel L. Negretto
Publisher: Cambridge University Press
ISBN: 1107026520
Category : Political Science
Languages : en
Pages : 297

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Book Description
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.

Constitutions and Conflict Management in Africa

Constitutions and Conflict Management in Africa PDF Author: Alan J. Kuperman
Publisher: University of Pennsylvania Press
ISBN: 0812246586
Category : Political Science
Languages : en
Pages : 304

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Book Description
Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.

Principles of Constitutional Design

Principles of Constitutional Design PDF Author: Donald S. Lutz
Publisher: Cambridge University Press
ISBN: 1139460552
Category : Political Science
Languages : en
Pages : 251

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Book Description
This book is written for anyone, anywhere sitting down to write a constitution. The book is designed to be educative for even those not engaged directly in constitutional design but who would like to come to a better understanding of the nature and problems of constitutionalism and its fundamental building blocks - especially popular sovereignty and the separation of powers. Rather than a 'how-to-do-it' book that explains what to do in the sense of where one should end up, it instead explains where to begin - how to go about thinking about constitutions and constitutional design before sitting down to write anything. Still, it is possible, using the detailed indexes found in the book, to determine the level of popular sovereignty one has designed into a proposed constitution and how to balance it with an approximate, appropriate level of separation of powers to enhance long-term stability.

Constitutional Democracy

Constitutional Democracy PDF Author: Walter F. Murphy
Publisher: JHU Press
ISBN: 9780801884702
Category : Law
Languages : en
Pages : 588

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Book Description
Publisher Description

Modern Constitutions

Modern Constitutions PDF Author: Rogers M. Smith
Publisher: University of Pennsylvania Press
ISBN: 0812252349
Category : Political Science
Languages : en
Pages : 336

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Book Description
More than two millennia ago, Aristotle is said to have compiled a collection of ancient constitutions that informed his studies of politics. For Aristotle, constitutions largely distilled and described the varied and distinctive patterns of political life established over time. What constitutionalism has come to mean in the modern era, on the other hand, originates chiefly in the late eighteenth century and primarily with the U.S. Constitution—written in 1787 and made effective in 1789—and the various French constitutions that first appeared in 1791. In the last half century, more than 130 nations have adopted new constitutions, half of those within the last twenty years. These new constitutions are devoted to many of the same goals found in the U.S. Constitution: the rule of law, representative self-government, and protection of rights. But by canvassing constitutional developments at the national and state level in the United States alongside modern constitutions in Eastern and Western Europe, Africa, and Asia, the contributors to Modern Constitutions—all leading scholars of constitutionalism—show that modern constitutions often seek to protect social rights and to establish representative institutions, forms of federalism, and courts charged with constitutional review that depart from or go far beyond the seminal U.S. example. Partly because of their innovations, however, many modern constitutional systems now confront mounting authoritarian pressures that put fundamental commitments to the rule of law in jeopardy. The contributions in this volume collectively provide a measure of guidance for the challenges and prospects of modern constitutions in the rapidly changing political world of the twenty-first century. Contributors: Richard R. Beeman, Valerie Bunce, Tom Ginsburg, Heinz Klug, David S. Law, Sanford Levinson, Jaime Lluch, Christopher McCrudden, Kim Lane Scheppele, Rogers M. Smith, Mila Versteeg, Emily Zackin.

Beyond Presidentialism and Parliamentarism

Beyond Presidentialism and Parliamentarism PDF Author: Steffen Ganghof
Publisher: Oxford University Press
ISBN: 0192897144
Category : Political Science
Languages : en
Pages : 225

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Book Description
This book elaborates a theory of 'semi-parliamentary government', an often neglected form of government that instantiates the principle of the separation of powers, by demonstrating how it reconciles important benefits of both presidential and parliamentary systems.