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Author: Kay, Richard S.
Publisher: Edward Elgar Publishing
ISBN: 1788971337
Category : Law
Languages : en
Pages : 256
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Book Description
Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.
Author: Kay, Richard S.
Publisher: Edward Elgar Publishing
ISBN: 1788971337
Category : Law
Languages : en
Pages : 256
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Book Description
Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.
Author: Nikolas M. Rajkovic
Publisher: Cambridge University Press
ISBN: 1316684121
Category : Law
Languages : en
Pages : 407
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Book Description
From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.
Author: Robert C. Neville
Publisher: SUNY Press
ISBN: 9780791427583
Category : Philosophy
Languages : en
Pages : 412
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Book Description
'The Cosmology of Freedom' corrects the tendency to believe that freedom consists in one thing alone, for instance not being constrained, or being able to choose between live options, or participating in a democratic process. He lays out in systematic fashion the connections between personal dimensions of freedom, and social dimensions of freedom.
Author: Rosemary H. T. O'Kane
Publisher: Taylor & Francis US
ISBN: 9780415201339
Category : Political Science
Languages : en
Pages : 612
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Book Description
Author: Richard S. Kay
Publisher: Edward Elgar Publishing
ISBN: 9781788971324
Category :
Languages : en
Pages : 240
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Book Description
Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a 'lawful' or an 'unlawful' revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments. Adjudicating Revolution includes, first, cases in which courts decide to recognize the actions of a de facto regime under a doctrine of necessity, with the objective of maintaining public order. Second, cases where courts directly confront the question of whether a revolution has resulted in the creation of a genuinely new constitutional order. Finally, cases in which courts are asked by state officials to recognize, in advance, the validity of otherwise revolutionary changes (i.e. the irregular creation of a new constitution) proposed by state officials. The book examines, from a theoretical and comparative perspective, judgments from North and Latin America, Europe, Asia, and Africa. Placing the cases in their historical and political context, the authors provide an understanding of key moments in the constitutional history of the relevant jurisdictions. The resulting analysis will be of interest to academics and graduate students of comparative constitutional law and constitutional theory, political science, and related disciplines.
Author: Ray Takeyh
Publisher: Oxford University Press
ISBN: 0199754101
Category : History
Languages : en
Pages : 321
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Book Description
For over a quarter century, Iran has been one of America's chief nemeses. Ever since Ayatollah Khomeini overthrew the Shah in 1979, the relationship between the two nations has been antagonistic: revolutionary guards chanting against the Great Satan, Bush fulminating against the Axis of Evil, Iranian support for Hezbollah, and President Ahmadinejad blaming the U.S. for the world's ills. The unending war of words suggests an intractable divide between Iran and the West, one that may very well lead to a shooting war in the near future. But as Ray Takeyh shows in this accessible and authoritative history of Iran's relations with the world since the revolution, behind the famous personalities and extremist slogans is a nation that is far more pragmatic--and complex--than many in the West have been led to believe. Takeyh explodes many of our simplistic myths of Iran as an intransigently Islamist foe of the West. Tracing the course of Iranian policy since the 1979 revolution, Takeyh identifies four distinct periods: the revolutionary era of the 1980s, the tempered gradualism following the death of Khomeini and the end of the Iran-Iraq war in 1989, the "reformist" period from 1997-2005 under President Khatami, and the shift toward confrontation and radicalism since the election of President Ahmadinejad in 2005. Takeyh shows that three powerful forces--Islamism, pragmatism, and great power pretensions--have competed in each of these periods, and that Iran's often paradoxical policies are in reality a series of compromises between the hardliners and the moderates, often with wild oscillations between pragmatism and ideological dogmatism. The U.S.'s task, Takeyh argues, is to find strategies that address Iran's objectionable behavior without demonizing this key player in an increasingly vital and volatile region. With its clear-sighted grasp of both nuance and historical sweep, Guardians of the Revolution will stand as the standard work on this controversial--and central--actor in world politics for years to come.
Author: Chad Vickery
Publisher: IFES
ISBN: 1931459622
Category : Contested elections
Languages : en
Pages : 356
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Book Description
Author: Elisa Giunchi
Publisher: Routledge
ISBN: 1317964888
Category : Social Science
Languages : en
Pages : 188
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Book Description
While there are many books on Islamic family law, the literature on its enforcement is scarce. This book focuses on how Islamic family law is interpreted and applied by judges in a range of Muslim countries – Sunni and Shi'a, as well as Arab and non-Arab. It thereby aids the understanding of shari'a law in practice in a number of different cultural and political settings. It shows how the existence of differing views of what shari'a is, as well as the presence of a vast body of legal material which judges can refer to, make it possible for courts to interpret Islamic law in creative and innovative ways.
Author: Manuel Márquez-Sterling
Publisher: Kleiopatria Digital Press
ISBN: 0615318568
Category : Cuba
Languages : en
Pages : 278
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Book Description
Author Manuel Márquez-Sterling writes about Fidel Castro and his revolution from direct personal experience, as a historian with broad and deep knowledge of 50s Cuba. The author knew and had contact with many of the historical figures in the book's pages. His penetrating analysis of the public and behind-the-scenes events clears the fog and shatters myths to reveal the real story of the Cuban Revolution. The book explains how Castro came to power through the convergence of rabid partisanship, radical student politics, media bias, and venal politicians who placed self interest ahead of preserving democracy. Facing a constitutional crisis, these parties espoused "the end justifies the means," embracing political gangsterism and eschewing negotiations with political opponents- resulting in a power vacuum Castro exploited to seize power. Masterful propaganda cast Castro as pro-democracy hero, avoiding scrutiny of his plans for a totalitarian state under his control.
Author: Gary Jeffrey Jacobsohn
Publisher: Yale University Press
ISBN: 0300252889
Category : Political Science
Languages : en
Pages : 382
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Book Description
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
