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Author: Kataryna Wolczuk
Publisher: Central European University Press
ISBN: 6155211647
Category : Law
Languages : en
Pages : 339
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Book Description
With the disintegration of the Soviet Union, a number of new states were created that had little or no claim to any previous existence. Ukraine is one of the countries that faced not only political, social and economic transformation, but also state formation and the redefinition of national identity. This book uses Ukraine as a case study in trying to trace the key moments of decision making in the course of creating a new state while shedding the legacies of "Soviet-type" statehood.The Moulding of Ukraine offers a systematic examination of competing ideological visions of statehood and discusses them against the backdrop of historical traditions in Ukraine. This well-documented and lucidly written book is the only coherent account available in English of the process of constitutional reform, offering an insight into post-Soviet Ukrainian politics. A useful addition to university course reading lists in Ukrainian studies, post-Soviet studies, post-communist democratization, comparative constitutionalism, state-building and institutional design.
Author: Kataryna Wolczuk
Publisher: Central European University Press
ISBN: 6155211647
Category : Law
Languages : en
Pages : 339
Get Book Here
Book Description
With the disintegration of the Soviet Union, a number of new states were created that had little or no claim to any previous existence. Ukraine is one of the countries that faced not only political, social and economic transformation, but also state formation and the redefinition of national identity. This book uses Ukraine as a case study in trying to trace the key moments of decision making in the course of creating a new state while shedding the legacies of "Soviet-type" statehood.The Moulding of Ukraine offers a systematic examination of competing ideological visions of statehood and discusses them against the backdrop of historical traditions in Ukraine. This well-documented and lucidly written book is the only coherent account available in English of the process of constitutional reform, offering an insight into post-Soviet Ukrainian politics. A useful addition to university course reading lists in Ukrainian studies, post-Soviet studies, post-communist democratization, comparative constitutionalism, state-building and institutional design.
Author: Noah Feldman
Publisher: Farrar, Straus and Giroux
ISBN: 0374720878
Category : History
Languages : en
Pages : 236
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Book Description
A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Author: Gabriel L. Negretto
Publisher: Cambridge University Press
ISBN: 1108839843
Category : Law
Languages : en
Pages : 265
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Book Description
This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.
Author: David Cole
Publisher: Basic Books
ISBN: 0465098517
Category : Law
Languages : en
Pages : 322
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Book Description
From the national legal director of the ACLU, an essential guidebook for anyone seeking to stand up for fundamental civil liberties and rights One of Washington Post's Notable Nonfiction Books of 2016 In an age of executive overreach, what role do American citizens have in safeguarding our Constitution and defending liberty? Must we rely on the federal courts, and the Supreme Court above all, to protect our rights? In Engines of Liberty, the esteemed legal scholar David Cole argues that we all have a part to play in the grand civic dramas of our era -- and in a revised introduction and conclusion, he proposes specific tactics for fighting Donald Trump's policies. Examining the most successful rights movements of the last thirty years, Cole reveals how groups of ordinary Americans confronting long odds have managed, time and time again, to convince the courts to grant new rights and protect existing ones. Engines of Liberty is a fundamentally new explanation of how our Constitution works and the part citizens play in it.
Author: Robert D. Cooter
Publisher: Princeton University Press
ISBN: 0691214506
Category : Law
Languages : en
Pages : 435
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Book Description
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 1316883256
Category : Law
Languages : en
Pages : 559
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Book Description
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Author: Christopher Clark
Publisher: Random House
ISBN: 0525575219
Category : History
Languages : en
Pages : 897
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Book Description
New York Times Book Review Editors’ Choice • From the bestselling author of The Sleepwalkers comes an epic history of the 1848 revolutions that swept Europe, and the charismatic figures who propelled them forward “Refreshingly original . . . Familiar characters are given vibrancy and previously unknown players emerge from the shadows.”—The Times (UK) A BEST BOOK OF THE YEAR: New Yorker, The Economist, Financial Times As history, the uprisings of 1848 have long been overshadowed by the French Revolution of 1789 and the Russian revolutions of the early twentieth century. And yet in 1848 nearly all of Europe was aflame with conflict. Parallel political tumults spread like brush fire across the entire continent, leading to significant changes that continue to shape our world today. These battles for the future were fought with one eye kept squarely on the past: The men and women of 1848 saw the urgent challenges of their world as shaped profoundly by the past, and saw themselves as inheritors of a revolutionary tradition. Celebrated Cambridge historian Christopher Clark describes 1848 as “the particle collision chamber at the center of the European nineteenth century,” a moment when political movements and ideas—from socialism and democratic radicalism to liberalism, nationalism, corporatism, and conservatism—were tested and transformed. The insurgents asked questions that sound modern to our ears: What happens when demands for political or economic liberty conflict with demands for social rights? How do we reconcile representative and direct forms of democracy? How is capitalism connected to social inequality? The revolutions of 1848 were short-lived, but their impact on public life and political thought throughout Europe and beyond has been profound. Meticulously researched, elegantly written, and filled with a cast of charismatic figures, including the social theorist Alexis de Tocqueville, the writer George Sand, and the troubled priest Félicité de Lamennais, who struggled to reconcile his faith with politics, Revolutionary Spring offers a new understanding of 1848 that suggests chilling parallels to our present moment. “Looking back at the revolutions from the end of the first quarter of the twenty-first century, it is impossible not to be struck by the resonances,” Clark writes. “If a revolution is coming for us, it may look something like 1848.”
Author: Alexander Hudson
Publisher: Cambridge University Press
ISBN: 1108840078
Category : Law
Languages : en
Pages : 241
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Book Description
Hudson provides new evidence about the roles of political parties, leaders, and citizen-participants in constitution-making processes.
Author: David J. Bodenhamer
Publisher: Oxford University Press
ISBN: 019991303X
Category : History
Languages : en
Pages : 292
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Book Description
The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 0191642649
Category : Political Science
Languages : en
Pages : 153
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Book Description
The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
