Constitution Making Under Occupation
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Constitution Making Under Occupation
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Author : Andrew Arato
language : en
Publisher: Columbia University Press
Release Date : 2009-03-13
Constitution Making Under Occupation written by Andrew Arato and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-13 with History categories.
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.
Constitution Making Under Un Auspices
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Author : Vijayashri Sripati
language : en
Publisher: Oxford University Press
Release Date : 2020-01-16
Constitution Making Under Un Auspices written by Vijayashri Sripati and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
In 1949, United Nations Constitutional Assistance (UNCA) was conceived to promote the Western liberal constitution. This was colonial trusteeship. However, in 1960, as a step towards decolonization, the United Nations General Assembly rejected internationalized constitution-making, and, by extension, UNCA. All colonies acquired the right to draft their own constitutions without any international assistance. Nonetheless, in the same year, UNCA was revived and since then it has helped over 40 developing sovereign states to adopt the Western liberal constitution, for the aims of building peace, preventing conflict, and promoting good governance in these independent states. This book scrutinizes UNCA and its off-shoot, UN/International Territorial Administration (ITA), including their historical origins and revival from 1960 to 2019. Sripati argues that although the United Nations (UN) uses UNCA to help developing sovereign states secure debt relief, it undertakes UNCA to ‘modernize’ them with a view to ‘strengthen’ their supposedly weakened sovereignty. By doing so, the UN is seeking these states’ adoption of a Western liberal-style constitution, thus violating their right to self-determination. The book shows how UNCA sires and guides UN (legislative) assistance in all state-sectors: security, judicial, electoral, commercial, parliamentary, public administration, and criminal. Irrespective of UNCA’s benevolent motivations, such intrusive interventions impose the old forms of domination and perpetuate global inequality.
Constitution Makers On Constitution Making
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Author : Robert A. Goldwin
language : en
Publisher: American Enterprise Institute Press
Release Date : 1988
Constitution Makers On Constitution Making written by Robert A. Goldwin and has been published by American Enterprise Institute Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Law categories.
Eighty new constitutions, more than half of the written national constitutions in effect, have been written and adopted just since 1974, an average of more than five a year. At a time when the United States is observing the two-hundredth anniversary of its Constitution, the median age of all constitutions in the world is less than fifteen years. Never before have so many living constitution makers, in so many different kinds of regimes, been still active and capable of telling the story, firsthand, of how their nation's constitution was made. In eight pairs of papers, written from differing perspectivies, this book tells the story of the writing of the constitutions of France, Greece, the United States, Yugoslavia, Spain, Egypt, Venezuela, and Nigeria. It also includes an analysis by constitutional experts from twenty countries of how to put into practice the principles of constitutionalism--political liberty, security of rights, and self-government.
Democracy S Victory And Crisis
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Author : Axel Hadenius
language : en
Publisher: Cambridge University Press
Release Date : 1997-08-28
Democracy S Victory And Crisis written by Axel Hadenius and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-08-28 with Political Science categories.
Leading scholars from a range of disciplines address questions central to the development and survival of democratic rule.
Constitutionalism In Context
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Author : David S. Law
language : en
Publisher:
Release Date : 2022-02-09
Constitutionalism In Context written by David S. Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-09 with Law categories.
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
The Failure Of Popular Constitution Making In Turkey
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Author : Felix Petersen
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-16
The Failure Of Popular Constitution Making In Turkey written by Felix Petersen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-16 with Law categories.
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
Constitution Making In Japan 1945 1947
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Author : Melba Fumiko Mamiya
language : en
Publisher:
Release Date : 1957
Constitution Making In Japan 1945 1947 written by Melba Fumiko Mamiya and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1957 with Japan categories.
Constitution Making Under Occupation
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Author : Andrew Arato
language : en
Publisher: Columbia University Press
Release Date : 2009
Constitution Making Under Occupation written by Andrew Arato and has been published by Columbia University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Constitutional history categories.
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.
Women As Constitution Makers
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Author : Ruth Rubio-Marín
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-28
Women As Constitution Makers written by Ruth Rubio-Marín and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-28 with Law categories.
That a constitution should express the will of 'the people' is a long-standing principle, but the identity of 'the people' has historically been narrow. Women, in particular, were not included. A shift, however, has recently occurred. Women's participation in constitution-making is now recognised as a democratic right. Women's demands to have their voices heard in both the processes of constitution-making and the text of their country's constitution, are gaining recognition. Campaigning for inclusion in their country's constitution-making, women have adopted innovative strategies to express their constitutional aspirations. This collection offers, for the first time, comprehensive case studies of women's campaigns for constitutional equality in nine different countries that have undergone constitutional transformations in the 'participatory era'. Against a richly-contextualised historical and political background, each charts the actions and strategies of women participants, both formal and informal, and records their successes, failures and continuing hopes for constitutional equality.
Constituent Assemblies
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 2018-06-21
Constituent Assemblies written by Jon Elster and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-21 with Law categories.
Since 1787, constituent assemblies have shaped politics. This book provides a comparative, theoretical framework for understanding them.