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Author: Andrew Arato
Publisher: Rowman & Littlefield Publishers
ISBN: 074257363X
Category : Philosophy
Languages : en
Pages : 365
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Book Description
Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.
Author: Andrew Arato
Publisher: Rowman & Littlefield Publishers
ISBN: 074257363X
Category : Philosophy
Languages : en
Pages : 365
Get Book Here
Book Description
Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making_one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies, as well as to political scientists and sociologists.
Author: Andrew Arato
Publisher: Oxford University Press
ISBN: 0198755988
Category : Law
Languages : en
Pages : 321
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Book Description
Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy. After setting out a theoretical framework for understanding these developments, Andrew Arato examines recent constitutional politics in South Africa, Hungary, Turkey, and Latin America and discusses the political stakes in constitution-making. The book concludes by offering a systematic critique of the alternative to the new paradigm, populism and populist constituent politics.
Author: Andrew Arato
Publisher: Columbia University Press
ISBN: 0231143028
Category : History
Languages : en
Pages : 376
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Book Description
The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.
Author: Jonas Tallberg
Publisher: Oxford University Press
ISBN: 019256160X
Category : Political Science
Languages : en
Pages : 349
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Book Description
Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy's importance for global governance, its workings remain poorly understood. That is the core concern of this volume: to develop an agenda for systematic and comparative research on legitimacy in global governance. In complementary fashion, the chapters address different aspects of the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy? The volume makes four specific contributions. First, it argues for a sociological approach to legitimacy, centered on perceptions of legitimate global governance among affected audiences. Second, it moves beyond the traditional focus on states as the principal audience for legitimacy in global governance and considers a full spectrum of actors from governments to citizens. Third, it advocates a comparative approach to the study of legitimacy in global governance, and suggests strategies for comparison across institutions, issue areas, countries, societal groups, and time. Fourth, the volume offers the most comprehensive treatment so far of the sociological legitimacy of global governance, covering three broad analytical themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.
Author: Jamie Mayerfeld
Publisher: University of Pennsylvania Press
ISBN: 0812248163
Category : Law
Languages : en
Pages : 320
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Book Description
Jamie Mayerfeld defends international human rights law as an extension of domestic checks and balances and therefore necessary to constitutional government. The book combines theoretical reflections on democracy and constitutionalism with a case study of the contrasting human rights policies of Europe and the United States.
Author: John Keane
Publisher: Cambridge University Press
ISBN: 9780521894623
Category : Political Science
Languages : en
Pages : 240
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Book Description
John Keane, a leading scholar of political theory, tracks the recent development of a big idea with fresh potency - global civil society. In this timely book, Keane explores the contradictory forces currently nurturing or threatening its growth, and he shows how talk of global civil society implies a political vision of a less violent world, founded on legally sanctioned power-sharing arrangements among different and intermingling forms of socio-economic life. Keane's reflections are pitted against the widespread feeling that the world is both too complex and too violent to deserve serious reflection. His account borrows from various scholarly disciplines, including political science and international relations, to challenge the silence and confusion within much of contemporary literature on globalisation and global governance. Against fears of terrorism, rising tides of xenophobia, and loose talk of 'anti-globalisation', the defence of global civil society mounted here implies the need for new democratic ways of living.
Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411
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Book Description
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author: Scott L. Greer
Publisher: World Health Organization
ISBN: 9289050438
Category : Law
Languages : en
Pages : 191
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Book Description
Civil Society Organizations (CSOs) can make a vital contribution to public health and health systems but harnessing their potential is complex in a Europe where government-CSO relations vary so profoundly. This study is intended to outline some of the challenges and assist policy-makers in furthering their understanding of the part CSOs can play in tandem and alongside government. To this end it analyses existing evidence and draws on a set of seven thematic chapters and six mini case studies. They examine experiences from Austria Bosnia-Herzegovina Belgium Cyprus Finland Germany Malta the Netherlands Poland the Russian Federation Slovenia Turkey and the European Union and make use of a single assessment framework to understand the diverse contexts in which CSOs operate. The evidence shows that CSOs are ubiquitous varied and beneficial and the topics covered in this study reflect such diversity of aims and means: anti-tobacco advocacy food banks refugee health HIV/AIDS prevention and cure and social partnership. CSOs make a substantial contribution to public health and health systems with regards to policy development service delivery and governance. This includes evidence provision advocacy mobilization consensus building provision of medical services and of services related to the social determinants of health standard setting self-regulation and fostering social partnership. However in order to engage successfully with CSOs governments do need to make use of adequate tools and create contexts conducive to collaboration. To guide policy-makers working with CSOs through such complications and help avoid some potential pitfalls the book outlines a practical framework for such collaboration. This suggests identifying key CSOs in a given area; clarifying why there should be engagement with civil society; being realistic as to what CSOs can or will achieve; and an understanding of how CSOs can be helped to deliver.
Author: Chris Thornhill
Publisher: Cambridge University Press
ISBN: 1107199905
Category : Law
Languages : en
Pages : 599
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Book Description
Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.
Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694268
Category : Philosophy
Languages : en
Pages : 637
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Book Description
This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
