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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.
Author: Gary Jeffrey Jacobsohn
Publisher: Yale University Press
ISBN: 0300252889
Category : Political Science
Languages : en
Pages : 382
Get Book Here
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.
Author: Alan Cromartie
Publisher: Cambridge University Press
ISBN: 1139457519
Category : History
Languages : en
Pages : 18
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Book Description
An innovative account of English constitutional ideas from the mid-fifteenth century to the time of Charles I, showing how the emergence of grand claims for common law, the country's strange unwritten legal system, shaped England's cultural development. Though he does not neglect the role of narrowly religious disagreements, Cromartie brings out the way that 'religious' and 'secular' values came to be closely intertwined: to the majority of Charles's subjects, the rights of the clergy and the king were legal rights; the institutional structure of Church and state was an expression of monarchical power, obedience to the king and to the law was a religious duty. A proper understanding of this cluster of ideas reveals why Charles found England so difficult to control and why both parties in the civil war believed that they were fighting for established institutions.
Author: Ali M. Ansari
Publisher: Gingko Library
ISBN: 1909942944
Category : History
Languages : en
Pages : 351
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Book Description
The Constitutional Revolution of 1906 opened the way for enormous change in Persia, heralding the modern era and creating a model for later political and cultural movements in the region. Broad in its scope, this multidisciplinary volume brings together essays from leading scholars in Iranian Studies to explore the significance of this revolution, its origins, and the people who made it happen. As the authors show, this period was one of unprecedented debate within Iran’s burgeoning press. Many different groups fought to shape the course of the Revolution, which opened up seemingly boundless possibilities for the country’s future and affected nearly every segment of its society. Exploring themes such as the role of women, the use of photography, and the uniqueness of the Revolution as an Iranian experience, the authors tell a story of immense transition, as the old order of the Shah subsided and was replaced by new institutions, new forms of expression, and a new social and political order.
Author: Jack P. Greene
Publisher: Cambridge University Press
ISBN: 1139492934
Category : History
Languages : en
Pages : 223
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Book Description
Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.
Author: Charles C. Cumberland
Publisher: University of Texas Press
ISBN: 0292789637
Category : History
Languages : en
Pages : 641
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Book Description
“The seven years with which this book concerns itself . . . must be thoroughly examined if one is to have a grasp of modern Mexican history.” —Military History of Texas and the Southwest The years 1913-1920 were the most critical years of the Mexican Revolution. This study of the period, a sequel to the author’s Mexican Revolution: Genesis under Madero, traces Mexico’s course through the anguish of civil war to the establishment of a tenuous new government, the codification of revolutionary aspirations in a remarkable constitution, and the emergence of an activist leadership determined to propel Mexico into the select company of developed nations. The narrative begins with Huerta’s overthrow of Madero in 1913 and the rise of Carranza’s Constitutionalist counterchallenge. It concludes with a summary of Carranza’s stormy term as constitutional president climaxed by his ouster and overthrow in a revolt spearheaded by Alvaro Obregón. Basing his study on a wide range of Mexican and US primary sources as well as pertinent secondary studies, Cumberland brings a mature and sophisticated analysis to his material; the result is a major contribution to the understanding of one of the twentieth century’s most significant revolutionary movements.
Author: Barry Cushman
Publisher: Oxford University Press
ISBN: 019535401X
Category : Law
Languages : en
Pages : 333
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Book Description
Rethinking the New Deal Court: The Structure of a Constitutional Revolution challenges the prevailing account of the Supreme Court of the New Deal era, which holds that in the spring of 1937 the Court suddenly abandoned jurisprudential positions it had staked out in such areas as substantive due process and commerce clause doctrine. In this view, the impetus for such a dramatic reversal was provided by external political pressures manifested in FDR's landslide victory in the 1936 election, and by the subsequent Court-packing crisis. Author Barry Cushman, by contrast, discounts the role that political pressure played in securing this "constitutional revolution." Instead, he reorients study of the New Deal Court by focusing attention on the internal dynamics of doctrinal development and the role of New Dealers in seizing opportunities presented by doctrinal change. Recasting this central story in American constitutional development as a chapter in the history of ideas rather than simply an episode in the history of politics, Cushman offers a thoroughly researched and carefully argued study that recharacterizes the mechanics by which laissez-faire constitutionalism unraveled and finally collapsed during FDR's reign. Identifying previously unseen connections between various lines of doctrine, Cushman charts the manner in which Nebbia v. New York's abandonment of the distinction between public and private enterprise hastened the demise of the doctrinal structure in which that distinction had played a central role.
Author: Nader Sohrabi
Publisher: Cambridge University Press
ISBN: 1139504053
Category : Political Science
Languages : en
Pages : 457
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Book Description
In his book on constitutional revolutions in the Ottoman Empire and Iran in the early twentieth century, Nader Sohrabi considers the global diffusion of institutions and ideas, their regional and local reworking and the long-term consequences of adaptations. He delves into historic reasons for greater resilience of democratic institutions in Turkey as compared to Iran. Arguing that revolutions are time-bound phenomena whose forms follow global models in vogue at particular historical junctures, he challenges the ahistoric and purely local understanding of them. Furthermore, he argues that macro-structural preconditions alone cannot explain the occurrence of revolutions, but global waves, contingent events and the intervention of agency work together to bring them about in competition with other possible outcomes. To establish these points, the book draws on a wide array of archival and primary sources that afford a minute look at revolutions' unfolding.
Author: Nimer Sultany
Publisher: Oxford University Press
ISBN: 0198768893
Category : History
Languages : en
Pages : 417
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Book Description
What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.
Author: H. E. Chehabi
Publisher: I.B. Tauris
ISBN: 0755649230
Category : History
Languages : en
Pages : 0
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Book Description
Born out of a fundamental tension between the old-fashioned and inadequate Qajar monarchy of Mozaffar al-Din Sah and Mohammad Ali Shah, and new reformist democratic ideals, the Iranian Constitutional Revolution of 1906 represents a pivotal moment in the formation of modern Iran. The collapse of the state through financial indigence and foreign pressure - which in the end also consumed the new regime - created a vacuum, which became the subject of many different visions. These included the anti-constitutionalist arguments of Fazlollah Nuri; the moderate Shi'i vision of Tabatabai'I; the more gradualist secular approach of bureaucrats such as Sani-e Dowleh and Nasser Al-Molk; the various radical visions of Taqizadeh and Sattar Khan, as well as the Bakhtiaris. What were the reformists' various aims and how much did they accomplish in the years before Reza Shah seized power? How do events in Iran compare with similar uprisings in other parts of the world? And what role does the Constitutional Revolution continue to play in defining Iranian self-identity? This important and authoritative new book explores all the many different facets of the Revolution, drawing on newly available sources as well as cutting edge research from around the globe to present a definitive account.
Author: Bruce Ackerman
Publisher: Harvard University Press
ISBN: 0674238842
Category : Political Science
Languages : en
Pages : 473
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Book Description
A robust defense of democratic populism by one of America’s most renowned and controversial constitutional scholars—the award-winning author of We the People. Populism is a threat to the democratic world, fuel for demagogues and reactionary crowds—or so its critics would have us believe. But in his award-winning trilogy We the People, Bruce Ackerman showed that Americans have repeatedly rejected this view. Now he draws on a quarter century of scholarship in this essential and surprising inquiry into the origins, successes, and threats to revolutionary constitutionalism around the world. He takes us to India, South Africa, Italy, France, Poland, Burma, Israel, and Iran and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy. Despite their many differences, populist leaders such as Nehru, Mandela, and de Gaulle encountered similar dilemmas at critical turning points, and each managed something overlooked but essential. Rather than deploy their charismatic leadership to retain power, they instead used it to confer legitimacy to the citizens and institutions of constitutional democracy. Ackerman returns to the United States in his last chapter to provide new insights into the Founders’ acts of constitutional statesmanship as they met very similar challenges to those confronting populist leaders today. In the age of Trump, the democratic system of checks and balances will not survive unless ordinary citizens rally to its defense. Revolutionary Constitutions shows how activists can learn from their predecessors’ successes and profit from their mistakes, and sets up Ackerman’s next volume, which will address how elites and insiders co-opt and destroy the momentum of revolutionary movements.
