Constitutional Crises
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Constitutional Heads And Political Crises
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Author : D. A. Low
language : en
Publisher: Springer
Release Date : 1988-06-18
Constitutional Heads And Political Crises written by D. A. Low and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-06-18 with History categories.
A selection of essays about the constitutional crises throughout the Commonwealth since the Second World War, from Australia, Ceylon, Pakistan, Nigeria, Fiji, India, Grenada, Malaysia and Canada, which examines, in particular, the role and involvement of the Governor-General.
Constitutional Crises
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Author : Sanford Levinson
language : en
Publisher:
Release Date : 2010
Constitutional Crises written by Sanford Levinson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
In popular discussion, the term constitutional crisis is used to describe every kind of conflict, great and small. But we think we can give the idea greater analytical clarity, and in the process, make some important points about constitutional design.The secret, we shall argue, is to think about crisis not in terms of constitutional disagreement but in terms of constitutional design. Disagreement and conflict are natural features of politics. The goal of constitutions is to manage them within acceptable boundaries. When constitutional design functions properly - even if people strongly disagree with each other and threaten each other - there is no crisis. On the other hand, when the system of constitutional design breaks down, either because people abandon it or because it is leading them off of the proverbial cliff, disagreements and threats take on a special urgency that deserves the name of crisis. In this essay we offer a typology of different types of constitution crises based on this insight.We argue that a constitutional crisis refers to a turning point in the health and history of a constitutional order, and we identify three different types of constitutional crises. Type One crises arise when political leaders believe that exigencies require public violation of the constitution. Type Two crises are situations where fidelity to constitutional forms leads to ruin or disaster. Type Three crises involve situations where publicly articulated disagreements about the Constitution lead political actors to engage in extraordinary forms of protest beyond mere legal disagreements and political protests; people take to the streets, armies mobilize, and brute force is used - or threatened - in order to prevail. If a central purpose of constitutions is to make politics possible, constitutional crises mark moments when constitutions threaten to fail at this central task.
Constitutional Crisis In The European Constitutional Area
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Author : Armin von Bogdandy
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-03-26
Constitutional Crisis In The European Constitutional Area written by Armin von Bogdandy and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-26 with Law categories.
The concept of a European Constitutional Area has been used in legal scholarship to describe a common space of constitutionalism where national and international constitutional guarantees interact to maintain the common constitutional values of Europe. This concept has not yet been tested in a case where the constitutional order of a Member State of the European Union seems to develop systemic deficiencies. The present volume aims to assess recent constitutional developments in Hungary and Romania, as well as the interplay of national, international and European constitutionalism which react to the loopholes in national constitutions. Accordingly, a core part of the volume is an in-depth analysis of the situation in Hungary and Romania. Based on that, the volume offers an account of the different reaction mechanisms of the European Union and of the Council of Europe. Beyond a detailed stock-taking of these mechanisms, their legal and political frameworks are explored, as well as different ways to extend their reach. In this way, the volume contributes to a little-studied aspect of European constitutionalism.
Constitutional Democracy In Crisis
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Author : Mark A. Graber
language : en
Publisher: Oxford University Press
Release Date : 2018-08-23
Constitutional Democracy In Crisis written by Mark A. Graber 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 2018-08-23 with Law categories.
Is the world facing a serious threat to the protection of constitutional democracy? There is a genuine debate about the meaning of the various political events that have, for many scholars and observers, generated a feeling of deep foreboding about our collective futures all over the world. Do these events represent simply the normal ebb and flow of political possibilities, or do they instead portend a more permanent move away from constitutional democracy that had been thought triumphant after the demise of the Soviet Union in 1989? Constitutional Democracy in Crisis? addresses these questions head-on: Are the forces weakening constitutional democracy around the world general or nation-specific? Why have some major democracies seemingly not experienced these problems? How can we as scholars and citizens think clearly about the ideas of "constitutional crisis" or "constitutional degeneration"? What are the impacts of forces such as globalization, immigration, income inequality, populism, nationalism, religious sectarianism? Bringing together leading scholars to engage critically with the crises facing constitutional democracies in the 21st century, these essays diagnose the causes of the present afflictions in regimes, regions, and across the globe, believing at this stage that diagnosis is of central importance - as Abraham Lincoln said in his "House Divided" speech, "If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it."
Constitutional Crises And Regionalism
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Author : Vito Breda
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Constitutional Crises And Regionalism written by Vito Breda and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Law categories.
This informative book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.
Constitution In Crisis
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Author : DJ Galligan
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-08-30
Constitution In Crisis written by DJ Galligan and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-30 with History categories.
The debates that began at St Mary's Church, Putney on 28 October 1647 pioneered the liberal, democratic settlement in England: a written constitution, universal suffrage, freedom of conscience and equality before the law. Four centuries later, the 2016 Brexit referendum raised fundamental questions concerning the constitution of the United Kingdom. Following the High Court ruling that the government, under a centuries-old Royal Prerogative, does not have the power to trigger Article 50 to leave the EU, MPs have claimed that we are entering a full-blown constitutional crisis. The parallels between 1647 and 2017 are striking. Government has been toppled, a new leadership has emerged, and the two main parties are in a state of internecine warfare. Parliamentarians do not understand how to reconcile their duty to act for the common good and the result of the referendum. The people are divided and the four nations comprising the United Kingdom are at odds. This volume brings together some of the greatest public intellectuals of their generation to debate the constitutional crisis at the heart of today's politics. Featuring contributions from A.C. Grayling, Joshua Rozenberg, Onora O'Neill, Will Hutton, Timothy Garton Ash and Michael Mansfield, this book provides important new perspectives on the most important political debate of the twenty-first century.
Constitutional Crisis In The States In India
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Author : Meera Srivastava
language : en
Publisher: Concept Publishing Company
Release Date : 1980
Constitutional Crisis In The States In India written by Meera Srivastava and has been published by Concept Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Federal government categories.
Soviet Constitutional Crisis
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Author : Robert Sharlet
language : en
Publisher: Routledge
Release Date : 2016-06-16
Soviet Constitutional Crisis written by Robert Sharlet and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-16 with Political Science categories.
Moving from the adoption of the "post-Stalin" Constitution of 1977 through its subsequent implementation under Brezhnev, Andropov, and Chernenko to the radical legal "restructuring" of the Gorbachev years, Robert Sharlet traces the gradual evolution of a nascent constitutionalism in the erstwhile USSR. Sharlet, a noted authority on Soviet law and constitutional development, demonstrates the gradual transformation of law from an instrument of Communist Party rule into the new "rules of the game" for nonauthoritarian political development. In effect, he argues, one of Gorbachev's most durable achievements may be his redefinition of Soviet politics into a legal idiom along with his relocation of policymaking from behind the closed doors of Party conclaves into the more open, emergent arena of constitutional government. In analyzing the politics of law from the Brezhnev era to the rise of Yeltsin, the author takes account of the "war of laws", the symbolic uses of the Soviet constitution, and even the fact that the leaders of the failed coup attempted to justify their seizure of power on constitutional grounds. Constitutionalism has sufficiently suffused Soviet public life, the book concludes, that most of the sovereign republics as successors to the former USSR, have begun designing their futures - to varying degrees - in constitutional forms.
A Constitutional Crisis
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Author : Warren Lee Grant
language : en
Publisher: WestBow Press
Release Date : 2013-04-23
A Constitutional Crisis written by Warren Lee Grant and has been published by WestBow Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-23 with Law categories.
America is facing a constitutional crisis that threatens the continuation of the Republic as founded and structured. The US Supreme Court is a primary agent in the rise, expansion, and promotion of this crisis. By the employ of one of the amendments, the Court continues its work of restructuring the governmental order established by the Constitution and of shifting the nation from its Christian foundation to one wholly secular. Such actions by the Court raise very serious questions: By what lawful authority does the Court engage in this work? What are the driving motives behind the Courts stratagem? What are some of the main consequences thus far produced? Address is given to these questions, as well as to the means of restoring constitutional order and limiting the powers of the Supreme Court to those specified.
Constitutions In Times Of Financial Crisis
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-30
Constitutions In Times Of Financial Crisis written by Tom Ginsburg 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 2022-06-30 with Law categories.
Many constitutions include provisions intended to limit the discretion of governments in economic policy. In times of financial crises, such provisions often come under pressure as a result of calls for exceptional responses to crisis situations. This volume assesses the ability of constitutional orders all over the world to cope with financial crises, and the demands for emergency powers that typically accompany them. Bringing together a variety of perspectives from legal scholars, economists, and political scientists, this volume traces the long-run implications of financial crises for constitutional order. In exploring the theoretical and practical problems raised by the constitutionalization of economic policy during times of severe crisis, this volume showcases an array of constitutional design options and the ways they channel governmental responses to emergency.