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Author: Todd A. Eisenstadt
Publisher:
ISBN: 9781316749029
Category : Constitutional law
Languages : en
Pages : 224
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Book Description
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory
Author: Todd A. Eisenstadt
Publisher:
ISBN: 9781316749029
Category : Constitutional law
Languages : en
Pages : 224
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Book Description
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory
Author: Jon Elster
Publisher: Cambridge University Press
ISBN: 1108567789
Category : Law
Languages : en
Pages : 267
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Book Description
Comparative constitutional law has a long pedigree, but the comparative study of constitution-making has emerged and taken form only in the last quarter-century. While much of the initial impetus came from the study of the American and French constituent assemblies in the late eighteenth century, this volume exemplifies the large comparative scope of current research. The contributors discuss constituent assemblies in South East Asia, North Africa and the Middle East, Latin America, and in Nordic countries. Among the new insights they provide is a better understanding of how constituent assemblies may fail, either by not producing a document at all or by adopting a constitution that fails to serve as a neutral framework for ordinary politics. In a theoretical afterword, Jon Elster, an inspirational thinker on the current topic, offers an analysis of the micro-foundations of constitution-making, with special emphasis on the role of crises-generated passions.
Author: Andrew Arato
Publisher: Cambridge University Press
ISBN: 1108506275
Category : Law
Languages : en
Pages : 483
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Book Description
Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the eighteenth century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process.
Author: Alphonse de Lamartine
Publisher:
ISBN:
Category : France
Languages : en
Pages : 816
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Book Description
Author: Todd A. Eisenstadt
Publisher: Cambridge University Press
ISBN: 1107168228
Category : Law
Languages : en
Pages : 223
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Book Description
When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.
Author: Jeffrey A. Lenowitz
Publisher: Oxford University Press
ISBN: 019259348X
Category : Law
Languages : en
Pages : 401
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Book Description
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.
Author: Charles George Herbermann
Publisher:
ISBN:
Category : Encyclopedias and dictionaries
Languages : en
Pages : 890
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Book Description
Author:
Publisher:
ISBN:
Category : Encyclopedias and dictionaries
Languages : en
Pages : 884
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 888
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Book Description
Author: Charles Herbermann
Publisher:
ISBN:
Category :
Languages : en
Pages : 892
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Book Description
