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Author: B. P. Mahapatra
Publisher: Presses Université Laval
ISBN: 9782763771861
Category : India
Languages : en
Pages : 660
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Book Description
Author: B. P. Mahapatra
Publisher: Presses Université Laval
ISBN: 9782763771861
Category : India
Languages : en
Pages : 660
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Book Description
Author: András Jakab
Publisher: Cambridge University Press
ISBN: 1316531368
Category : Law
Languages : en
Pages : 531
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Book Description
If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond.
Author: Lawrence M. Solan
Publisher: University of Chicago Press
ISBN: 0226767892
Category : Law
Languages : en
Pages : 231
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Book Description
Since many legal disputes are battles over the meaning of a statute, contract, testimony, or the Constitution, judges must interpret language in order to decide why one proposed meaning overrides another. And in making their decisions about meaning appear authoritative and fair, judges often write about the nature of linguistic interpretation. In the first book to examine the linguistic analysis of law, Lawrence M. Solan shows that judges sometimes inaccurately portray the way we use language, creating inconsistencies in their decisions and threatening the fairness of the judicial system. Solan uses a wealth of examples to illustrate the way linguistics enters the process of judicial decision making: a death penalty case that the Supreme Court decided by analyzing the use of adjectives in a jury instruction; criminal cases whose outcomes depend on the Supreme Court's analysis of the relationship between adverbs and prepositional phrases; and cases focused on the meaning of certain words in the Constitution. Solan finds that judges often describe our use of language poorly because there is no clear relationship between the principles of linguistics and the jurisprudential goals that the judge wishes to promote. A major contribution to the growing interdisciplinary scholarship on law and its social and cultural context, Solan's lucid, engaging book is equally accessible to linguists, lawyers, philosophers, anthropologists, literary theorists, and political scientists.
Author: Abel Djassi Amado
Publisher: Rowman & Littlefield
ISBN: 1666922684
Category : Political Science
Languages : en
Pages : 241
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Book Description
Creole Language, Democracy, and the Illegible State in Cabo Verde uses Cabo Verde as a case study to critically examine the language and politics nexus in a small Creole island state. The current sociolinguistic condition of the country is that of diglossia, whereby Portuguese assumes the language of power, prestige, and high culture at the expense of the mother tongue of its citizens, the Cabo Verdean language, locally known as Kriolu. The postcolonial diglossic language policy stands on both domestic and international factors. Thus, Abel Djassi Amado explores the country’s language policy history since colonial times and discusses how Portugal’s diplomacy grounded on language spread policy has significantly contributed to the secondarization of the mother tongue. The ultimate consequence of the current sociolinguistic situation is the development and crystallization of the illegible state as a large segment of the population cannot comprehend the processes, operations, and procedures of power carried out in a language they do not understand. The illegible state has grave consequences on political participation and the overall quality of democracy.
Author: C. Williams
Publisher: Springer
ISBN: 1137000848
Category : Language Arts & Disciplines
Languages : en
Pages : 235
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Book Description
This is an analysis of the promises and contradictions surrounding contemporary minority language policy. It draws on theoretical and real-world perspectives and interviews with key players within European institutions together with field work undertaken principally in Ireland, Scotland, Wales, the Basque Country, Catalonia and Canada.
Author: John E. Finn
Publisher: University Press of Kansas
ISBN: 0700619623
Category : Political Science
Languages : en
Pages : 368
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Book Description
The U. S. Constitution begins with the soaring words “We the People,” but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This “Civic Constitution” constitutes us as a civic body politic, transforming “the people” into a singular political entity. Juxtaposing this view with the legal model, the “Juridic Constitution,” John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation. Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn’s telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn's book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution.
Author: Peter Oliver
Publisher: Oxford University Press
ISBN: 0190664827
Category : Law
Languages : en
Pages : 1169
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Book Description
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
Author: Alexandra Grey
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 1501512552
Category : Language Arts & Disciplines
Languages : en
Pages : 360
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Book Description
China has had constitutional minority language rights for decades, but what do they mean today? Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China’s largest minority group. The analysis traces language policy from the Constitution to local government practices, investigating how Zhuang language rights are experienced as opening or restricting socioeconomic opportunity. The study finds that language rights do not challenge ascendant marketised and mobility-focused language ideologies which ascribe low value to Zhuang. However, people still value a Zhuang identity validated by government policy and practice. Rooted in a Bourdieusian approach to language, power and legal discourse, this is the first major publication to integrate contemporary debates in linguistics about mobility, capitalism and globalization into a study of China’s language policy. The book refines Grey’s award-winning doctoral dissertation, which received the Joshua A. Fishman Award in 2018. The judges said the study “decenter[s] all types of sociolinguistic assumptions." It is a thought-provoking work on minority rights and language politics, relevant beyond China.
Author: David Marrani
Publisher: Routledge
ISBN: 1135105421
Category : Law
Languages : en
Pages : 215
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Book Description
The promulgation of the Fifth French Republic Constitution in 1958 marked the end of a complex constitutional history that has since 1789 seen more than twenty constitutions and five Republics. Lasting now for more than fifty years, the Fifth Republic Constitution has proven to be the right settlement for the French people; a consensual text. However, while offering the appearance of stability, the Fifth French Republic Constitution has often been reconsidered and changed, not least in the year of its fiftieth anniversary, when the Constitution was 'modernised'. These dynamics of the Fifth Republic Constitution are neither a recent matter nor entirely the result of the successive constitutional amendments. Instead, the history of the Constitution has involved the resurgence of repressed archaic elements from the ancient regime, while the social, economic and environmental contexts have penetrated not only the text itself but more extensively its spirit, and behind it, the philosophy and our perception of the Republic. In Dynamics in the French Constitution, David Marrani questions the foundations of the French Fifth Republic. In using specific themes, current and traditional debates, contemporary and archaic factors, that have enlightened the road of long lasting Republic, the book explores some of the changes of the last fifty years and the tensions that are present within the constitutional text. In combining theoretical concepts of constitutional law with key contemporary and historical developments, such as the European integration, the response to environmental challenges, the practice of human rights and the pillars supporting French republicanism, this book offers varied and creative tools for a better understanding of the Republic of today.
Author: Jon Orman
Publisher: Springer Science & Business Media
ISBN: 1402088914
Category : Language Arts & Disciplines
Languages : en
Pages : 207
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Book Description
The preamble to the post-apartheid South African constitution states that ‘South Africa belongs to all who live in it, united in our diversity’ and promises to ‘lay the foundations for a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law’ and to ‘improve the quality of life of all citizens’. This would seem to commit the South African government to, amongst other things, the implementation of policies aimed at fostering a common sense of South African national identity, at societal dev- opment and at reducing of levels of social inequality. However, in the period of more than a decade that has now elapsed since the end of apartheid, there has been widespread discontent with regard to the degree of progress made in connection with the realisation of these constitutional aspirations. The ‘limits to liberation’ in the post-apartheid era has been a theme of much recent research in the ?elds of sociology and political theory (e. g. Luckham, 1998; Robins, 2005a). Linguists have also paid considerable attention to the South African situation with the realisation that many of the factors that have prevented, and are continuing to prevent, effective progress towards the achievement of these constitutional goals are linguistic in their origin.
